People v. Tomasello

Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (Mclnerney, J.), rendered August 17, 1990, convicting him of pro*904moting gambling in the second degree (four counts), upon a jury verdict, and imposing sentence of four concurrent terms of six months imprisonment.

Ordered that the judgment is modified, (1) on the law, by vacating the defendant’s convictions of promoting gambling in the second degree on February 20, 1988, as charged in count 34 of the indictment, and on February 23, 1988, as charged in count 35 of the indictment, and dismissing those counts of the…