
    The People of the State of New York, Respondent, v. John Marinello, Appellant.
   Memorandum: The evidence adduced upon the trial was not sufficient to support the defendant’s conviction of the crime of being a common gambler in violation of section 970 of the Penal Law. (See People v. Stedaker, 175 N. Y. 57; People v. Bright, 203 N. Y. 73, and Bamman v. Erickson, 288 N. Y. 133.) All concur. (Appeal from a judgment convicting defendant of the crime of violation of Penal Law, § 970.) Present — Taylor, P. J., McCum, Kimball, Piper and Wheeler, JJ.  