Young v. Sunderman

It appears that the plaintiff, when arrested for possession of the slot machines involved herein, was discharged by the magistrate. Therefore, the machines may not be destroyed pursuant to the provisions of section 978 of the Penal Law. It is only where the magistrate finds that the machine was of a character suitable for gambling purposes and has been used by the possessor in violation of the article against gambling that he is to order it destroyed under that section.

Under the decision of the Court of Appeals in People v. Jennings (257 N. Y. 196) possession of the instant machines does not…