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| ATTORNEY-GENERAL HOLDS j j NEW YORK BETTING ILLEGAL] ALBANY, N. Y., May 6.— Attorney-General John J. Bennett, Jr., replying to an inquiry by Senator John J. Dunnigan regarding the legality of betting as it now exists on the race tracks of the state, gives the opinion that "betting at race tracks is illegal in this state." Ha cites the constitutional prohibition against "any lottery, or the sale of lottery tickets, pool selling, bookmaking, or any other kind of gambling." Attorney-General Bennett also quotes section 991 and 986 of the penal law "prohibiting all wagers, bets or stakes" on any race, and pool selling and bookmaking. The attorney-general concludes: "From these provisions of the constitution and laws of the state, I conclude that betting at race tracks is illegal in New York state. However, whereas the offense was formerly a misdemeanor and punishable as such, the legislature, under chapter 440 of the laws of 1926, as amended by chapter 233 of the laws of 1934, has made a civil forfeiture the sole penalty therefor." "The attorney-generals opinion that betting on the race tracks of New York state is illegal, substantiates my views on the subject," said Senator Dunnigan after receiving the attorney-generals opinion. »
