People v. Rossi

Milonas and Smith, JJ.,

dissent in a memorandum by Smith, J., as follows: Defendant’s arrest was without probable cause and the evidence was insufficient to establish his guilt beyond a reasonable doubt. I therefore dissent.

Defendant was convicted, after a bench trial, of promoting gambling in the first degree (Penal Law § 225.10 [1]), possession of gambling records in the first degree (Penal Law § 225.20 [1]), and possession of a gambling device (Penal Law § 225.30 [2]). The law sets forth these offenses as follows:

"§ 225.10 Promoting gambling in the first degree.

"A person is guilty of…