People v. Di Carlo

This is an appeal by the People from a judgment of Buffalo City Court which dismissed informations charging each of the defendants with possession of gambling records on the grounds that section 225.15 (subd. 1) of the Revised Penal Law is unconstitutional. The informations alleged each defendant’s possession of written records of horse bets, tally sheets, racing programs, racing forms and ball-point pens all of which are said to be articles commonly used in the operation of a bookmaking scheme or enterprise.

Section 225.15 is entitled “ Possession of gambling records in the second degree” and…