¶1Order of the County Court of Queens county affirmed. This proceeding can be maintained only in the court where the criminal action is pending, and should be entitled in that action. The County Court was without jurisdiction to entertain the application. Kelly, P. J., Jaycox, Manning and Young, JJ., concur; Kapper, J., concurs for affirmance solely upon the ground that a proceeding cannot be maintained for the return of the revolvers which, eoncededly, the relator possessed illegally.
213 A.D. 883
In re Caponi
Appellate Division of the Supreme Court of the State of New York
Decided April 15, 1925
Appellate Division of the Supreme Court of the State of New York · decided 1925-04-15
Decided 1925-04-15