Opinion
March 11, 1952.
Present — Peck, P.J., Dore, Cohn, Shientag and Bergan, JJ.
The record shows that appellant was not merely a fixed player but that he assumed the initiative and took an active part in approaching other players and persuading them to go along. Not only was he active in two seasons and many games, but in one respect he went further than any of the other players, in that he went beyond conniving with his own teammates and approached players of another team. The sentence imposed was warranted and the judgment is unanimously affirmed.