Yedvobnick v. Grupposo

This action was instituted to recover the sum of $3,000 from the Police Property Clerk of the City of New York seized in connection with the plaintiff’s arrest on a gambling charge — more specifically, possession of gambling records (policy slips), a violation of section 225.15 of the Penal Law. The plaintiff pleaded guilty to the charge and was fined and paid the sum of $200.

The motion is predicated upon the decision of the United States Court, of Appeals in the ease of McClendon v. Rosetti (460 F. 2d 111) in which the court held section 435-4.0 of the New York City Administrative Code…