Feldman v. Reeves

This is an application, pursuant to article 78 of the CPLR, in the nature of mandamus, for an order directing the return to petitioner of certain moneys deposited by him and which are in the Department of Probation.

Petitioner originally pleaded guilty to grand larceny in the second degree and, with the approval of the court, instituted a restitution program, pursuant to which he made deposits with the' Probation Department totaling $5,936. This was done because the court had under consideration the possibility of a sentence of probation to be imposed on the petitioner.

However, the court…