Opinion
1166-1166A-1166B
May 15, 2003.
Judgment, Supreme Court, Bronx County (Robert Cohen, J. at motion; Harold Silverman, J. at nonjury trial and sentence), rendered July 12, 2002, convicting defendants of promoting gambling in the second degree and possession of gambling records in the second degree and sentencing each defendant to an aggregate fine of $1000, unanimously affirmed.
Peter A. Sell, for respondent.
Jonathan Svetkey, for defendant-appellant.
Before: Andrias, J.P., Williams, Lerner, Friedman, Marlow, JJ.
Defendants' motion to controvert the warrant was properly denied. The supporting affidavit, which was submitted by a detective with extensive experience with gambling operations (see People v. Valentine, 17 N.Y.2d 128, 132) established probable cause to believe that an illegal gambling operation was being conducted in the subject apartment (see People v. Traymore, 241 A.D.2d 226, lv denied 92 N.Y.2d 907). We note that the conversations overheard by the detective at the door of the apartment clearly involved sports betting and could be readily interpreted as such even without the aid of special expertise.
The court's verdict was based on legally sufficient evidence and was not against the weight of the evidence. The police observations, coupled with expert testimony, warranted the conclusion that, rather than being merely present, each of the defendants participated in the sports betting operation and exercised dominion and control over the gambling records (see People v. Rossi, 177 A.D.2d 403, revd on other grounds, 80 N.Y.2d 952; see also People v. Bundy, 90 N.Y.2d 918).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.