Opinion
May 23, 1947.
Present — Martin, P.J., Glennon, Dore, Callahan and Van Voorhis, JJ.
The People concede that the conviction of defendant of a violation of section 1712 of the Penal Law must be reversed and the information accusing defendant of said crime dismissed, under People v. Solomon ( 296 N.Y. 220). The conviction of book-making under section 986 of the Penal Law is reversed and the information accusing defendant of said crime dismissed on the ground that the commission of this crime is not established beyond a reasonable doubt. Judgment unanimously reversed and the information dismissed. Settle order on notice.