¶1Wagering by the participants on the outcome of a game of skill is not gambling and billiards is a game of skill (People ex rel. Ellison v. Lavin, 179 N. Y. 164).
¶2The judgments of conviction should be unanimously reversed on the law and facts, information dismissed and fine remitted.
¶3Concur — Hogah, P. J., G-ulotta and Glickmakt, JJ.
¶4Judgments reversed, etc.