People v. Williams

402 N.Y.S.2d 310 (1978)

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People v. Williams

New York City Criminal Court
402 N.Y.S.2d 310 (1978)

  • Written by Brett Stavin, JD

Facts

[Ed’s note: The casebook excerpt incorrectly identifies the defendant as Smith.] James Williams (defendant) was charged under New York law with fraudulent accosting. According to the complaint, Williams accosted strangers and engaged in three-card monte, which the state of New York (the state) (plaintiff) characterized as a confidence game. The game entailed a dealer showing three cards to a player, including one deemed a court card. The three cards were then turned face down on a flat surface and shuffled around. The player then had to attempt to identify the court card. If the player successfully identified the court card, he or she won; if not, the dealer won. Williams argued that the charges should be dismissed because there was no finding or even an allegation of a specific intent to defraud. In response, the state argued that three-card monte is a known type of confidence game and, therefore, presumptively fraudulent.

Rule of Law

Issue

Holding and Reasoning (Lang, J.)

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