People v. Capobianco

In the instant case the defendant has pled guilty to a charge of being a common gambler. Now he seeks return of $988 United States currency found on his person at the time of his arrest, and also the return of a radio, a clock and several hundred poker chips bearing his initial found on the premises where the arrest was made.

The testimony clearly shows that the hub of the gambling operation was in the third floor attic of the premises and that the defendant’s brother was in charge there behind a barred door. In order to do business he was equipped with a telephone or telephones to the outside…