People v. Sztuk

Judgment unanimously modified, on the law, and, as modified, affirmed, in accordance with the following memorandum: Defendant was convicted following a jury trial of possession of gambling records in the first degree (Penal Law § 225.20) and promoting gambling in the second degree (Penal Law § 225.05). On appeal defendant contends that the court erred in its failure to charge the statutory defense set forth in Penal Law § 225.25. Approximately seven hours into the jury deliberations defendant’s counsel requested the court on two separate occasions to charge the statutory defense. The court…