Opinion
Argued November 30, 1965
Decided December 30, 1965
Appeal from the Appellate Division of the Supreme Court in the Third Judicial Department, JOHN D. FRAWLEY, Recorder.
Irving S. Rinde for appellants.
Paul H. McCabe, District Attorney ( Samuel J. Castellino of counsel), for respondent.
In each proceeding: Order reversed and proceeding remitted to the Recorder's Court of the City of Elmira to determine, after a hearing according to the procedure outlined in Hofferman v. Simmons ( 290 N.Y. 449), whether or to what extent the moneys involved were derived from gambling operations. No opinion.
Concur: Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE, SCILEPPI and BERGAN.