Legal Opinion
People v. Burns
New York Court of Appeals
Decided July 15, 1952PublishedCited by 11 opinions
1Per curiam
In the record before us requisite proof is lacking that participants in the game upon which the indictment is based were “ persons who have paid * * * consideration for the chance ” so as to constitute a lottery within the meaning of section 1370 of the Penal Law (People v. Shafer, 273 N. Y. 475).
The judgments should be reversed and the indictment dismissed.
Lohghran, Ch. J., Lewis, Conway, Desmond, Dye, Ftjld and Froessel, JJ., concur.
Judgments reversed, etc.
2Cases cited1 opinion
- People v. ShaferNew York Court of Appeals · 1936
3Cited by11 opinions
- American Broadcasting Co. v. United StatesDistrict Court, S.D. New York · 1953
- Italian Community Home Federation, Inc. v. KellyNew York Supreme Court · 1958
- Black North Associates, Inc. v. KellyAppellate Division of the Supreme Court of the State of New York · 2001
- Fedin v. HanifinNew York Supreme Court · 1959
- Harris v. Economic Opportunity Commission of Nassau County Inc.New York Supreme Court · 1989
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