People v. Derito (17 N.Y.2d 473, 1965)

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.