Defendant moves by his own affidavit and that of his attorney for an order directing the return to him of $409 seized from his person on July 29, 1970 upon his arrest under Indictment No. 135/70 for the crime of promoting gambling in the second degree, a Class A misdemeanor, in violation of section 225.05 of the Penal Law of the State of New York. The People oppose the application...
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