Opinion
May 18, 1942.
Present — Lazansky, P.J., Hagarty, Carswell, Adel and Taylor, JJ.
Judgment of a city magistrate, holding a Court of Special Sessions of the City of New York, Borough of Queens, convicting the defendant of a violation of section 986 of the Penal Law (bookmaking), unanimously affirmed. The evidence and circumstances of the activities of the defendant in connection with those of the codefendant Andriani ( People v. Andriani, ante, p. 788, decided herewith) clearly establish his guilt as a violator of section 986 of the Penal Law in so far as it relates to occupying a room with papers and paraphernalia for the purpose of recording or registering bets or wagers on horse races, and in so far as it concerns a person "who aids, assists or abets in any manner in any of the said acts," which are forbidden in that section.