Criminal Law-Aiding and Abeiting-Criminal Liablity for Knowingly Furnishing Racing Results to Bookmakers

Appellant, who received a weekly salary for distributing horse-racing results by telephone to some twenty bookmakers, was convicted of aiding and abetting bookmaking activities in violation of section 986 of the New York Penal Law. He admitted knowing that the information would be used by his employer’s customers in violation of section 986, but no actual evidence of bookmaking was presented to the court. On appeal, held, reversed, one judge dissenting. Knowingly transmitting racing results to bookmaking establishments by telephone does not, without proof of acceptance of bets on a professional basis, constitute aiding and abetting bookmaking in violation of section 986. People v. Smoke, 38 Misc. 2d 939, 239 N.Y.S.2d 230 (App. T. 1963).