Petitioner, who was originally a defendant in a criminal action based on a charge of robbery, sought to recover the sum of $1,008 that had been taken from him, vouchered, and delivered to the police property clerk. Subsequently, the money was paid out to the complaining witness; the releases therefor having been issued by the District Attorney. Upon the defendant's acquittal, he brought an article 78 proceeding to recover the sums taken from him that had been paid to the...
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