Summary
In People v. Burns (304 N.Y. 380), the Court of Appeals reversed a conviction for conducting an illegal lottery in violation of sections 1370 to 1373 of the Penal Law, on the ground that the record lacked proof that the participants in the game were "persons who have paid * * * consideration for the chance" so as to constitute a lottery within the meaning of section 1370 of the Penal Law. Thus, the game was held to be a lottery when played for stakes in which the player made a contribution.
Summary of this case from Kayden Inds. v. LefkowitzOpinion
Argued May 28, 1952
Decided July 15, 1952
Appeal from the Supreme Court, Appellate Division, Fourth Department, MARSH, J.
Walter J. Mahoney and George M. Donohue for appellant.
Jack E. Gellman, District Attorney, for respondent.
In the record before us requisite proof is lacking that participants in the game upon which the indictment is based were "persons who have paid * * * consideration for the chance" so as to constitute a lottery within the meaning of section 1370 of the Penal Law ( People v. Shafer, 273 N.Y. 475).
The judgments should be reversed and the indictment dismissed.
LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE, FULD and FROESSEL, JJ., concur.
Judgments reversed, etc.