Opinion
June 17, 1940.
Judgment of the Court of Special Sessions of the City of New York, Borough of Queens [County of Queens], convicting the defendant of the crime of violating section 973 of the Penal Law (keeping a gaming and betting establishment), section 970 of the Penal Law (being a common gambler) and section 980 of said law (persuading person to visit gambling place), reversed on the law and the facts, the information dismissed and defendant discharged. The evidence fails to establish the defendant's guilt beyond a reasonable doubt. Lazansky, P.J., Carswell, Adel, Taylor and Close, JJ., concur.