People v. Passero

Judgment unanimously modified, on the law, by reversing the conviction for possession of gambling records in the first degree and a new trial granted with respect thereto and otherwise judgment affirmed. Memorandum: Defendant has been convicted of possession of gambling records in the first degree and promoting gambling in the second degree. We reverse the judgment insofar as it relates to possession of gambling records because of an erroneous jury instruction. In submitting the issue to the jury insofar as knowledge relates to the charge of possession of gambling records the court charged,…