160 N.Y.S. 942 | N.Y. App. Div. | 1916
Two men, Solomon and Cahn (Cahn at times in the record is called Craphers), were in front of the grand stand, Aqueduct race track, in the county of Queens, on July third, fifth, sixth and seventh, and in association did what is the subject of the four counts of the information upon which they were tried and convicted by the Court of Special Sessions and sentenced to be imprisoned in the workhouse, Solomon for fifteen days and Cahn for thirty days. The oral evidence against them is furnished by two police officers, whose testimony is easily preferred to the manifestly contrived. stories of the defendants. Officer Horn saw the men located as stated, and was asked by Cahn if he wanted “ to lay a bet on any of the horses in this race, ” and, in answer to Horn’s inquiry, said that he and Solomon were “ making book on the races ” and that the latter was placing the odds. He instructed Horn “to mark the name of the horse, the odds, and amount you want to bet on a slip of paper and give it to me with the money.” Horn then asked Solomon for the odds on a horse named Garbage, and received the reply, “ Three to five.” Horn “ marked on a slip of paper, Garbage, three to five to win and signed it Jos. H. and * * * handed the slip * * * and a five-dollar bill to * * * Craphers and he looked at it and placed ” the money in his pocket and gave the slip to Solomon. Solomon “looked at his racing program and * * * at the slip * * * and said, ‘ Whose is this % ’ ” Craphers pointed to Horn and said, “ His.” Then Solomon inquired, “What initial is this,” and after receiving the reply, “ Joseph H.,” asked Craphers, “Did you get the five dollars ? ” and in reply to an assent said, “All
Jenks, P. J., Carr, Stapleton and Rich, JJ., concurred.
Judgment of conviction by the Court of Special Sessions affirmed.