Order unanimously reversed and matter remitted to Erie County Court for further proceedings in accordance with the memorandum.
Memorandum:
Petitioner-appellant seeks to recover a portion of moneys seized by the police at the time of his arrest. When arrested appellant had in his possession a money bag containing a quantity of money which it was charged he had robbed from a tavern owned by one Bernard M. Glichowski. He also had upon his person $866.75 also...
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