People v. Quinlan

—Kane, J.

Appeal from a judgment of the Supreme Court at Trial Term (Smyk, J.), rendered February 1, 1985 in Tioga County, upon a verdict convicting defendant of the crimes of conspiracy in the fifth degree, promoting gambling in the first degree and possession of gambling records in the first degree.

Defendant is the owner and operator of a recreational park in the Town of Waverly, Tioga County, known as Quinlan Park, consisting of three softball fields and a bar and restaurant. He is also, by his own admission, a gambler, but steadfastly maintains that he is not now and never has been a…