PEOPLE v. BURNS

Per Curiam.

In the record before us requisite proof is lacking that participants in the game upon which the indictment is based were "persons who have paid * * * consideration for the chance" so as to constitute a lottery within the meaning of section 1370 of the Penal Law ( People v. Shafer, 273 N.Y. 475).

The judgments should be reversed and the indictment dismissed.

LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE, FULD and FROESSEL, JJ., concur.

Judgments reversed, etc.