People v. Coppo

Edward Thompson,

Acting County Judge. Upon the conclusion of a trial without a jury (1ST. Y. Const., art. I, § 2) the defendants have moved for dismissal of an indictment, the first count of which charges them with having acted in concert in the contrivance, proposal and drawing of a lottery — and in assisting therein (Penal Law, § 1372) — and the second count of which accuses them of mutual engagement in a conspiracy to contrive, draw and assist in a lottery. The motions to dismiss proceed on the ground that the evidence is insufficient to make out a prima facie case of defendants’ guilt of…