New York Court of Appeals, 1952

People v. Burns

People v. Burns
New York Court of Appeals · Decided July 15, 1952
304 N.Y. 380; 107 N.E.2d 498
People v. Burns

Cases that cite this one

10 later published cases cite this decision.

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Opinion of the Court

Per Curiam.

In the record before us requisite proof is lacking that participants in the game upon which the indictment is based were “ persons who have paid * * * consideration for the chance ” so as to constitute a lottery within the meaning of section 1370 of the Penal Law (People v. Shafer, 273 N. Y. 475).

The judgments should be reversed and the indictment dismissed.

Lohghran, Ch. J., Lewis, Conway, Desmond, Dye, Ftjld and Froessel, JJ., concur.

Judgments reversed, etc.

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