Opinion
January 5, 1953.
Present — Nolan, P.J., Carswell, Adel, MacCrate and Schmidt, JJ.
Judgment of the Court of Special Sessions of the City of New York, Borough of Queens, convicting defendant of a violation of sections 974 and 975 of the Penal Law (policy) and sentencing him to pay a fine of $100 or to serve twenty days in the city prison, unanimously affirmed. In our opinion the evidence sufficiently established that the slips found in defendant's possession were policy slips, and the presumption that his possession thereof was knowing and in violation of section 974 of the Penal Law (Penal Law, § 975), was not rebutted.