RAYNOR v. KIRK


30 Misc.2d 1041 (1961)

Harold Raynor, Plaintiff, v. Andrew Kirk, as Commissioner of the Nassau County Police Department, et al., Defendants.

District Court, First District, Nassau County.

August 16, 1961


Attorney(s) appearing for the Case

Kelly, Warburton, Hyman, Deeley & Connolly for plaintiff. Manuel W. Levine, District Attorney, for defendants.


FRANCIS J. DONOVAN, J.

This is an action in replevin brought to recover $1,000 in currency alleged to have been taken from the plaintiff at the time of his arrest on a gambling charge. The criminal trial terminated in a conviction, but it is alleged in the complaint that the People failed to prove that the currency was the proceeds of gambling activities.

The motion now before the court is made by the...

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