
    The People of the State of New York, Respondent, v. Edward Burns, Appellant.
    Argued May 28, 1952;
    decided July 15, 1952.
    
      
      Walter J. Mahoney and George M. Donohue for appellant.
    The trial court erred in denying defendant’s motions to dismiss the indictment. (People v. Shafer, 160 Misc. 174, 273 N. Y. 475; State v. Hundling, 220 Iowa 1369; People v. Cardas, 137 Cal. App. 788.)
    
      Jack E. Gellman, District Attorney, for respondent.
    The entertainment conducted is nothing more than a subterfuge for “ Bingo ” which is a lottery.
   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.

Lohghran, Ch. J., Lewis, Conway, Desmond, Dye, Ftjld and Froessel, JJ., concur.

Judgments reversed, etc.  