Appellate Division of the Supreme Court of New York, 1960

Carothers v. People

Carothers v. People
Appellate Division of the Supreme Court of New York · Decided April 11, 1960
10 A.D.2d 864; 201 N.Y.S.2d 500; 1960 N.Y. App. Div. LEXIS 10698
Carothers v. People

Opinion of the Court

Appeal by petitioner (1) from order, entered January 26, 1959, *865which dismissed his petition in the nature of mandamus under article 78 of the Civil Practice Act, to direct the District Attorney of Orange County to return to petitioner certain property, including particularly a pistol, alleged to have been illegally seized, without a warrant, and (2) from order, entered February 24, 1959, which denied petitioner’s application, addressed to the inherent power of the Supreme Court, to compel said District Attorney to return such property. Orders unanimously affirmed, without costs. No opinion. Present — Beldock, Acting P. J., Ughetta, Christ, Pette and Brennan, JJ.

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