What is the test for an allegation of "aid and abet in the operation of a gambling establishment"?

"New York", United States of America

The following excerpt is from People v. Marconi, 217 N.Y.S.2d 232, 27 Misc.2d 348 (N.Y. City Ct. 1961):

In People v. Cavanaugh, 157 App.Div. 224, 225, 141 N.Y.S. 812, 814, an information was held to be sufficient which charged that the defendants did, 'engage as dealers, gamekeepers, and players in a certain gambling game'. In People ex rel. Guido v. Calkins, 13 Misc .2d 791, 178 N.Y.S.2d 385, 386, reversed 10 A.D.2d 510, 200 N.Y.S.2d 907, reversed 9 N.Y.2d 77, 211 N.Y.S.2d 166, an information was held to be sufficient which charged that the defendant did, [27 Misc.2d 349] 'aid and abet in the operation of a gambling establishment'. However, both of these cases are distinguishable since a game-keeper and an operator of a gambling establishment are engaged in professional gambling and are, therefore, common gamblers.

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