Majority
p. 1135The People of the State of New York, Respondent, v. Anthony Guerrieri, Appellant.
Judgment of the Court of Special Sessions of the City of
p. 1136
Hew York, Borough of Brooklyn, convicting the defendant of a violation of section 986 of the Penal Law (knowingly permitting premises to be used for book-making), reversed on the law and a new trial ordered. While the record does not contain competent evidence of the fact of book-making on the appellant’s premises, it appears that the evidence was offered, but excluded by the trial court. The interests of justice require a new trial. Holán, P. J., Carswell, Johnston, Sneed and Wenzel, JJ., concur. [See 278 App. Div. 665 .]