Legal Opinion
People v. Smoke
Appellate Terms of the Supreme Court of New York
Decided April 3, 1963PublishedCited by 5 opinions
1Opinion of the CourtNicholas M. Pette, J.
The complaint charged that defendant Smoke aided and abetted in book-making activities and that defendant Gallart permitted premises under his control to be used for such purpose, all in violation of section 986 of the Penal Law.
The essential facts are not in dispute. It was established at the trial that Smoke was engaged in furnishing the results of horse races to book-makers by telephone and that he paid Gallart for the use of his premises and telephones. There was no evidence of betting or wagering.
The basic question here posed is whether the transmission of racing results in the manner…
2Cases cited5 opinions
- McDonald v. United StatesSupreme Court of the United States · 1948
- People v. BrophyCalifornia Court of Appeal · 1942
- People v. ShakunNew York Court of Appeals · 1929
- People v. AbelsonNew York Court of Appeals · 1956
- State Ex Rel. Dooley v. ColemanSupreme Court of Florida · 1936
3Cited by5 opinions
- People v. MinutoBatavia City Court · 1972
- People v. Bart's Restaurant Corp.Criminal Court of the City of New York · 1964
- People v. ChilliCriminal Court of the City of New York · 1966
- People v. RodriguezCriminal Court of the City of New York · 1966
- People v. Psaty & Fuhrman, Inc.Criminal Court of the City of New York · 1963