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People v. Hylton

Appellate Division of the Supreme Court of New York, Second Department
Dec 27, 1976
55 A.D.2d 684 (N.Y. App. Div. 1976)

Opinion

December 27, 1976


Appeal from an order of the County Court, Nassau County, dated March 31, 1976, which granted defendant's motion to direct the Property Clerk of the Nassau County Police Department to "return and/or repay" defendant a certain sum of money. Order affirmed. This is a criminal proceeding (see CPL 710.70, subd 1) in which the return of currency illegally seized from the defendant was directed and to which the principle enunciated in United States v Janis ( 428 U.S. 433) is inapplicable. The currency should be returned in the interest of justice (see Boyle v Kelley, 53 A.D.2d 457). Hopkins, Acting P.J., Martuscello, Latham, Titone and Hawkins, JJ., concur.


Summaries of

People v. Hylton

Appellate Division of the Supreme Court of New York, Second Department
Dec 27, 1976
55 A.D.2d 684 (N.Y. App. Div. 1976)
Case details for

People v. Hylton

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. WINSTON HYLTON…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 27, 1976

Citations

55 A.D.2d 684 (N.Y. App. Div. 1976)

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