PEOPLE v. FROIO, 296 N.Y. 959 (1947)

73 N.E.2d 268

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY FROIO, Appellant.

Court of Appeals of the State of New York.Argued February 20, 1947
Decided April 11, 1947

Appeal from the Supreme Court, Appellate Division, Fourth Department, HANAGAN, J.

Page 960

Bartle Gorman and J. Walter Augar for appellant.

Earle C. Bastow, District Attorney (Joseph A. Page of counsel), for respondent.

Judgments reversed and a new trial ordered on the ground that it was not established beyond a reasonable doubt that defendant was in possession or control of the premises on March 11, 1945, or that he had knowledge that gambling was being carried on in the premises on that date. No opinion.

Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, THACHER, DYE and FULD, JJ.

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