PEOPLE v. CAPOBIANCO


18 Misc.2d 217 (1959)

The People of the State of New York, Plaintiff, v. Edward Capobianco, Defendant.

County Court, Schenectady County.

July 29, 1959.


Attorney(s) appearing for the Case

E. Stewart Jones for defendant.

Morris Marshall Cohn, District Attorney (James H. Gould of counsel), for plaintiff.


ARCHIBALD C. WEMPLE, J.

In the instant case the defendant has pled guilty to a charge of being a common gambler. Now he seeks return of $988 United States currency found on his person at the time of his arrest, and also the return of a radio, a clock and several hundred poker chips bearing his initial found on the premises where the arrest was made.

The testimony clearly shows that the hub of the gambling operation was in the third floor attic...

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