People v. Yannicelli

I would reverse the order of the Appellate Division.

Defendants were originally sentenced to a period of impris*603onment and fined upon their convictions for possession of gambling records in the first degree and promoting gambling in the first degree. Both offenses are class E felonies (Penal Law, §§ 225.10, 225.20), for which a period of imprisonment may be imposed. (Penal Law, § 70.00, subds 2, 4.) The court may also impose a fine, provided that defendant gained money or property through the commission of the crime. (Penal Law, § 80.00, subd 1.) On a prior appeal by the People, the Appellate…