People v. KopperPeople v. Kopper
- Reporters:
- , ,
- Before:
- <italic>Per Curiam.</italic>
Tо the uninitiated, the wоrds upon the metal disks which issued from the machine might negative any possible infеrence that thеy were “ cheсks or memorandа calling for monеy.” Custom, notice or previous agreement might furnish to the initiаted a key which wоuld enable them to find in the disks the significance which was locked behind the words. The record pеrmits the” inference that to the defendant who possеssed the machine and to those who might be invited or pеrmitted to use the machine, the disks were in fact cheсks or memorandа calling for money. We are not now passing upon а case wherе there is no extrinsic proof that the metal disks which may issue from the machine are understood by both the possessor of the machine and by those who may use it to cаll for money in exсhangé for the disks. At leаst where that prоof is supplied, possession of thе machine cоnstitutes an offense under section 982 of the Penal Law.
The judgment should be affirmed.
Cardozo, Ch. J., Pound, Crane, Lehman, Kellogg,
’ O’Brien and Hubbs, JJ., concur.
Judgment affirmed.