People v. Feldman

This is a motion to dismiss an information charging the defendant with maintaining a gambling establishment in violation of section 973 of the Penal Law. By separate information the defendant is also charged with engaging in book-making in violation of section 986 of the Penal Law. The gist of the 973 information is that the defendant kept and maintained a particular room for accepting and recording bets on horse races and engaged in accepting and recording such bets in this room.

The defendant’s argument is that the acts charged in the 973 information, if constituting any crime, fall solely…