Majority
p. 883In the Matter of the Application of Samuel Caponi, Appellant, for the Return of Two Certain Revolvers, etc. District Attorney of the County of Queens, Respondent.
Order 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.