¶1 Judgment of Appellate Division and that of Court of Special Sessions reversed and defendant discharged. Defendant is charged only with unlawfully and knowingly possessing policy slips: Held, that although the defendant’s gift enterprise constituted a lottery (Penal Law, § 1370), the certificates in his possession were not shown to be policy slips and defendant was not shown to be engaged in the game or scheme commonly known as policy.
¶2 Concur: Cardozo, Ch. J., Pound, Crane, Andrews and O’Brien, JJ. Not sitting: Lehman and Kellogg, J J.