p. 813The People of the State of New York, Respondent, v. Kiyo Nakamori, Appellant. The People of the State of New York, Respondent, v. Junzo Ohare, Appellant.
Judgments affirmed. No opinion. Present — Dowling, P. J., Merrell, Martin, O’Malley and Sherman, JJ.; O’Malley, J., dissents.
While the evidence was sufficient to justify a finding that the defendants were guilty of knowingly possessing lottery tickets, described in the evidence as “ Chinese policy ” slips, they were not proven guilty of the crime charged in the informations — the possession of policy slips which relate to the drawing of numbers. The case comes within the principle of our decision in People v. Lyttle ( 225 App. Div. 299 ; affd., 251 N. Y. 347 ). I, therefore, vote for a reversal of the judgments of conviction and for a dismissal of the informations.
Cases cited
- People v. Lyttle 251 N. Y. 347 p. 813