People v. Paranzino
| Decision Date | 16 December 1976 |
| Citation | 359 N.E.2d 981,391 N.Y.S.2d 391,40 N.Y.2d 1005 |
| Parties | , 359 N.E.2d 981 The PEOPLE of the State of New York, Respondent, v. Joseph PARANZINO, Appellant. |
| Court | New York Court of Appeals Court of Appeals |
Richard D. Friedman, New York City, for appellant.
Mario Merola, Dist. Atty. (Lewis A. Fishman and Jane Bilus Gould, New York City, of counsel), for respondent.
Police officers entering an apartment to execute a search warrant saw Joseph Russo hand the defendant a white envelope. Then, upon seeing the officers, Russo abruptly snatched the envelope back and threw it to the floor. A search revealed that it contained gambling records. The defendant was charged and convicted of possessing gambling records in the first degree (Penal Law, § 225.20) and promoting gambling in the first degree (Penal Law, § 225.10, subd. 2). On this appeal the defendant claims that there was insufficient evidence to establish his guilt to either charge beyond a reasonable doubt.
With respect to the possession count he argues that there was no showing that he (1) had any knowledge of the contents of the envelope or (2) possessed more than 500 plays or chances on the date of arrest, since the slips were undated. In view of the fact that the defendant was seen in actual possession of the envelope there is a presumption that he had knowledge of its character and contents (Penal Law, § 225.35). In addition there was testimony that for some time the apartment had been used to conduct a gambling business a that the defendant, who did not reside there, was frequently observed entering and leaving on a regular basis. Considering all the circumstances, including the presence in the apartment of racing forms and other items generally associated with gambling, the jury could well conclude that the defendant was fully aware of what the envelope contained.
With respect to the promoting charge, defendant argues there was no evidence that the written records he received were 'from a person other than a player.' Here it is sufficient to note that at least one of the slips which was handed to him was 'a collector's slip', that is one made by an individual who receives and records bets from players.
We also find no merit to defendant's argument that the arresting officers' testimony should have been excluded because they had destroyed the notes they had made on the scene after the information had been transferred to their reports. People v. Betts, 297 N.Y. 1000, 80 N.E.2d 456 is distinguishable...
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...by the police officer when he prepared his typed report does not deprive the accused of a fair trial. See People v. Paranzino, 40 N.Y.2d 1005, 391 N.Y.S.2d 391, 359 N.E.2d 981 (1976). By the same token, petitioner's statements to Homer Causer regarding certain uncharged crimes (T. 1452-55) ......
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