In re Mapakarakes

Pécora, J.

This is one of a series of five motions made to compel the property clerk of the police department of the city of New York to turn over certain apparatus commonly known as pin ball or bagatelle game machines. The facts in all the motions are substantially the same.

Petitioner was arrested and charged with a violation of section 982 of the Penal Law. Upon a hearing in the Magistrates’ Court, the arresting officer testified that he had gone to the petitioner’s place of business and there played a pin ball or bagatelle game. Further, that he had agreed with petitioner that if a certain…