Opinion
May 16, 1952.
Present — Taylor, P.J., McCurn, Kimball, Piper and Wheeler, JJ.
Judgment of conviction reversed on the law and facts and indictment dismissed. Memorandum: The evidence adduced upon the trial was not sufficient to support the defendant's conviction of the crime of being a common gambler in violation of section 970 of the Penal Law. (See People v. Stedaker, 175 N.Y. 57; People v. Bright, 203 N.Y. 73, and Bamman v. Erickson, 288 N.Y. 133.) All concur. (Appeal from a judgment convicting defendant of the crime of violation of Penal Law, § 970.)