Opinion
November 26, 1969
Appeal from the District Court of Nassau County, ALFRED F. SAMENGA, J.
Speno, Goldberg, Moore Margules ( Clifford A. Royael of counsel), for appellants.
William Cahn, District Attorney ( Gino Papa of counsel), for respondent.
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.
Concur — HOGAN, P.J., GULOTTA and GLICKMAN, JJ.
Judgments reversed, etc.