The People of the State of New York v. . Leon Stedeker

Summary

The Court of Appeals reversed the Appellate Division and affirmed the General Sessions, holding that the indictment was fatally defective for failing to allege that the defendants kept and occupied a room with the requisite books, papers, apparatus or paraphernalia and for not negatively stating that the rooms were not on a race course authorized by statute. The Court also held that an indictment need not specify the particular building, and that other statutes did not provide an alternative penalty that would excuse the felony provision of section 351.