State v. DeLuzio

The Court has set aside the convictions of Lois Sanders, Donald Sanders, and Theodore Watley for promoting gambling, a violation of N.J.S.A 2C:37-2, and possession of gambling records, a violation of N.J.SA 2C:37-3, on the basis of the Appellate Division opinion below, 274 N.J.Super. 101, 643 A.2d 609 (1993). Specifically, the State charged defendants with promoting an illegal lottery, a third-degree offense under N.J.SA 2C:37-2. The Appellate Division held that the familiar form of a pyramid scheme is not a “lottery” within the meaning of N.J.SA 2C:37-l(h), and therefore does not constitute…