BOYLE v. KELLEY


42 N.Y.2d 88 (1977)

John Boyle, Individually and as Administrator of The Estate of Donald J. Boyle, Deceased, Respondent, v. Eugene R. Kelley, as Police Commissioner of Suffolk County, Appellant.

Court of Appeals of the State of New York.

Decided June 14, 1977.


Attorney(s) appearing for the Case

Howard E. Pachman, County Attorney (Anton J. Barovina and Henry G. Wenzel, III, of counsel), for appellant.

Benedict P. Vuturo for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur.


COOKE, J.

In December, 1973, and pursuant to a warrant, the amount of $14,960.35 in U. S. currency was seized from the apartment of Donald J. Boyle who was thereafter arrested, along with his brother, both being charged with the crimes of promoting gambling in the second degree and possession of gambling records. A motion to vacate the search, suppress the evidence and return the property was granted in favor...

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