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CHAMBERS v. ROSETTI

40 Misc.2d 620 (1963)

Eulie Chambers, Respondent, v. Thomas E. Rosetti, as Property Clerk of the Police Department of the City of New York, Appellant.

Supreme Court, Appellate Term, Second Department.

October 1, 1963

Attorney(s) appearing for the Case

Leo A. Larkin, Corporation Counsel (Fred Iscol of counsel), for appellant. Kooper & Kooper (Sybil Hart Kooper of counsel), for respondent.

Concur — BENJAMIN, GULOTTA and SCHWARTZWALD, JJ.

Per Curiam.

Triable issues are presented as to plaintiff's ownership of the moneys and whether said moneys were used in illegal gambling activities and hence were the proceeds of crime. (Administrative Code of City of New York, § 435-4.0, subds. e, f; Hofferman v. Simmons, 290 N.Y. 449; Costello v. Simmons, 269 App. Div. 823, affd. 295 N.Y. 801.) Insofar as the order directs the suppression of evidence...

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