Pinta v. Delagi

By this article 78 proceeding, petitioner requests that a City Magistrate be ordered to sign an order directing the property clerk of the New York City Police Department to return to petitioner certain property. The property consists of $2,606 in United States currency which was unlawfully seized from petitioner’s person by a police officer during a gambling arrest.

Petitioner invokes the recently enacted section 813-c of the Code of Criminal Procedure (L. 1962, ch. 954, § 1) which provides that “ A person claiming to be aggrieved by an unlawful search and seizure and having reasonable grounds…