Dupper v. Rogan

Action, under section 994 of the Penal Law, to recover moneys bet on a set of wagers upon the outcome of horse races. Judgment for the defendant unanimously affirmed, with costs. If plaintiff was not a casual bettor he was not entitled to invoke Penal Law, section 994. The evidence presented a question of fact as to whether or not plaintiff was a casual bettor, and the finding of the jury that he was not a casual bettor has ample support in the evidence. The court correctly charged what constituted a casual bettor but, upon plaintiff’s exception and the colloquy, withdrew its definition and…