Matter of Russo v. Valentine

Lehman, Ch. J.

The petitioner-respondent was arrested on or about February 25, 1944, on a charge of vagrancy. At the time of his arrest the sum of $2,600 was taken from his person and was deposited with the property clerk of the Police Department pursuant to the provisions of section 435-4.0 of the Administrative Code. The petitioner was acquitted of the charge against him and then demanded the return of the money from the property clerk. His demand was refused and the petitioner-respondent thereupon commenced an action for conversion of his property against the property clerk in the City…