People ex rel. Hockey v. Kearney
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
The information purporting to charge relator and others with conspiracy under subdivision 1 of section 580 of the Penal Law (Cons. Laws, eh. 40), to violate section 986 thereof, which relates to pool selling, bookmaking, bets and wagers, is insufficient in law. Nowhere in the statement of the acts constituting the offense charged in the first paragraph of the information is it alleged (1) that any bookmaking or wagering was carried on in the premises; (2) that any bookmaking paraphernalia was found there; (3) that any racing information was transmitted to persons engaged in bookmaking or…