Case Summary: The People of the State of New York v. Arthur R. Stiffel and Stiffel Restaurant Corp.

Factual and Procedural Background

This is an appeal to the Supreme Court, Appellate Term, Second Department, dated November 26, 1969, from the District Court of Nassau County, Alfred F. Samenga, J. The respondents are The People of the State of New York; the appellants are Arthur R. Stiffel and Stiffel Restaurant Corp. Counsel for appellants: Speno, Goldberg, Moore Margules (Clifford A. Royael of counsel). Counsel for respondent: William Cahn, District Attorney (Gino Papa of counsel). The district court had entered judgments of conviction that were appealed to the Appellate Term.

Legal Issues Presented

1. Whether wagering by participants on the outcome of a game of skill constitutes gambling.
2. Whether billiards is a game of skill.

Arguments of the Parties

The opinion does not contain a detailed account of the parties' legal arguments.

Table of Precedents Cited

Court's Reasoning and Analysis

The court stated the governing principle that wagering by participants on the outcome of a game of skill is not gambling and that billiards is a game of skill, citing People ex rel. Ellison v. Lavin, 179 N.Y. 164. Applying that principle to the facts of this case, the court determined that the convictions could not stand. The opinion is per curiam and brief; it concludes that, on the law and facts, the judgments of conviction must be reversed. The opinion records concurrence by Hogan, P.J., Gulotta and Glickman, JJ.

Holding and Implications

Judgments of conviction reversed.

Direct effect: The information was dismissed and the fine remitted.

No broader implications are discussed in the opinion and no new precedent is articulated beyond the court's application of People ex rel. Ellison v. Lavin.