People v. Stiffel — 61 Misc. 2d 1100

Majority

p. 1100

The People of the State of New York, Respondent, v. Arthur R. Stiffel and Stiffel Restaurant Corp., Appellants.

Supreme Court, Appellate Term, Second Department,

November 26, 1969.

Speno, Goldberg, Moore d Margules (Clifford A. Boyael of counsel), for appellants. William Gahn, District Attorney (Gino Papa of counsel), for respondent.

Wagering by the participants on the outcome of a game of skill is not gambling and billiards is a game of skill (People ex rel. Ellison v. Lavin, 179 N. Y. 164 ).

The judgments of conviction should be unanimously reversed on the law and facts, information dismissed and fine remitted.

Concur — Hogah, P. J., G-ulotta and Glickmakt, JJ.

Judgments reversed, etc.