People v. Leichus

Upon the present record the guilt of the defendant for the violation of section 986 of the Penal Law (Cons. Laws, ch. 40) is not established beyond a reasonable doubt. The evidence fails adequately to connect the defendant with papers which contain the names of race horses and the amounts wagered thereon or the scratch sheets with pencil notations. The defendant testified that the notations on these papers were not in his handwriting and the People offered no evidence to the contrary. There is no evidence of any money received by the defendant in connection with the placing of any bet. Almost…