People v. Givens

• Decision Date: 26 September 1968
• Citation: 294 N.Y.S.2d 539,22 N.Y.2d 897
• Parties: , 241 N.E.2d 744 PEOPLE, etc., Respondent, v. Charles GIVENS, Appellant.
• Court: New York Court of Appeals Court of Appeals

Page 539

294 N.Y.S.2d 539

22 N.Y.2d 897, 241 N.E.2d 744

PEOPLE, etc., Respondent, v. Charles GIVENS, Appellant.

Court of Appeals of New York.

Sept. 26, 1968.

Appeal from Supreme Court, Appellate Division, Second Department, 26 A.D.2d 684, 272 N.Y.S.2d 466.

Defendant was convicted, on plea of guilty, of violating Section 340 of the Banking Law, Consol.Laws, c. 2, by engaging in the business of making loans of $800 or less without a license.

The Supreme Court, Kings County, entered a judgment, and the defendant appealed.

The Appellate Division entered a judgment affirming the judgment of the Supreme Court.

The Court of Appeals, 21 N.Y.2d 929, 289 N.Y.S.2d 761, 237 N.E.2d 80, affirmed the judgment and held that the provisions of subdivision 4 of Section 792 of the Code of Criminal Procedure authorizing the seizure of property constituting evidence is constitutionally valid.

Motion was made in the Court of Appeals to amend remittitur.

Motion to amend remittitur granted. Return of remittitur requested and, when returned, it will be amended by adding thereto the following: Upon the appeal herein there were presented and necessarily passed upon questions under the Constitution of the United States, viz.: Defendant argued that subdivision 4 of section 792 of the Code of Criminal Procedure of the State of New York denies him the equal protection of the laws under the Fourth, Fifth and Fifteenth Amendments. The Court of Appeals held that there was no violation of defendant's constitutional rights under any of these amendments.