People v. Brown

In People v. Brown (112 Misc 2d 471 [Crim Ct, NY County 1982]), the defendant was charged with the same offenses as those at issue in the instant case: promoting gambling in the second degree (Penal Law 225.05) and possession of a gambling device (Penal Law 225.30). The information alleged that "defendant, acting in concert with two (2) others ... knowingly advance[d] and profited from three (3) card monte in that defendant acted as lookout for the two (2) others and shouted 'police' when police approached, causing the two (2) others to flee with their cards and money" (id. at 471). The court found the information facially sufficient, stating, "By charging that defendant, acting in concert, aided his fellow monte players in their gambling activities by acting as their lookout, the information sufficiently alleges facts supporting every element of the misdemeanor of promoting gambling in the second degree" (id. at 473).