Archives of the Mayor's Press Office

FOR IMMEDIATE RELEASE
Date: Wednesday, August 4, 1999

Release #306-99

Contact: Sunny Mindel (212) 788-2958 Edward Skyler (212) 788-2969


MAYOR GIULIANI SIGNS BILL THAT PROHIBITS PUBLIC PLAYING OF THREE CARD MONTE

-Remarks By Mayor Rudolph W. Giuliani At Public Hearing On Local Laws-

The next bill before me is Introductory Number 51-A, sponsored by former Council Member Andrew Eristoff along with 22 of his former colleagues. The bill would amend the Administrative Code of the City of New York, in relation to the public playing of Three-card Monte.

Three-card Monte is a game where the dealer shows a player three cards or objects, designates one of them as the "winning" card or object and then reshuffles the items. The player wins if he or she picks the winning card or object, and the dealer wins if the player picks the wrong one.

The playing of this game on City streets often results in overcrowding and congestion, and even worse the players are often the victims of other crimes such as pick-pocketing. This legislation would make it a misdemeanor under the City's Administrative Code for anyone to deal or operate, or in any way assist in the dealing or operating of three card-monte in public. In doing so, the bill would remove the confusion surrounding the status of Three-card Monte under the State Penal Law.

Currently, some courts have viewed Three-card Monte as a game of skill and not one of chance, and as a result these courts have not considered the game gambling under the State Penal Law. While other courts have disagreed with this view, the conflict in judicial decisions has lead to confusion over the status of this game, along with the inconsistent treatment of criminal defendants. This legislation would end the confusion by clearly classifying the dealing or operating of Three-card Monte as a crime under the City's Administrative Code.

For the reasons previously stated, I will now sign the bill.

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