People v. Smoke

I do not agree with the conclusion of my colleagues. The facts briefly stated are these :

The appellants appeal from judgments of conviction entered against them in the Gamblers ’ Court convicting them after trial of violating section 986 of the Penal Law. The police officer testified that he arrested defendants on March 1 and that prior thereto, to wit, on February 26, 1962, he made three phone calls and that on March 1 he made several other calls. As a result of the foregoing telephone calls he obtained a search warrant for the premises in question. He ascertained that one of the phone…