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PEOPLE STATE NEW YORK v. ARTHUR R. STIFFEL AND STIFFEL RESTAURANT CORP. (11/26/69)

November 26, 1969

THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
v.
ARTHUR R. STIFFEL AND STIFFEL RESTAURANT CORP., APPELLANTS



Appeal from judgments of the District Court of Nassau County (Alfred F. Samenga, J.), rendered May 14, 1969, upon a verdict convicting defendants of violating subdivision 6 of section 106 of the Alcoholic Beverage Control Law in that they allowed their premises, licensed under the Alcoholic Beverage Control Law, to become disorderly by permitting wagering on the outcome of three games of pool.

Concur -- Hogan, P. J., Gulotta and Glickman, JJ.

Author: Per Curiam

Wagering by the participants on the outcome of a game of skill is not gambling and billiards is a game of skill (People ex rel. Ellison v. Lavin, 179 N. Y. 164).

The judgments of conviction should be unanimously reversed on the law and facts, information dismissed and fine remitted.

Judgments reversed, etc.

Disposition

Judgments reversed, etc.

19691126

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