People v. Bruno

The defendant has moved for a certificate of reasonable doubt in the above-entitled action which was tried in the County Court of Niagara County, and has urged that the indictment is insufficient in law and that the verdict is contrary to the weight of evidence.

In support of the first proposition, the defendant has argued that the case of People v. Silver (251 App. Div. 309) decided in 1937, is applicable. We do not concur in this contention.

Section 9 of article I of the Constitution, prior to 1940, prohibited any kind of gambling and required the Legislature to pass appropriate laws to…