ATTLEBORO - An Attleboro District Court judge has thrown out some of the evidence against a city man alleged to be part of a lucrative gambling operation run out of a downtown office.

Judge Richard Savignano agreed to throw out evidence collected by police from the West Street home of Nicholas Vito, 37, during a raid on April 4, 2007. His decision to agree to a motion filed by Vito's lawyer, Richard Silva Jr. of Fall River, was handed down Monday.

During the raid, police seized bank records and other personal papers alleged to be part of the illegal gambling enterprise, according to court records. Vito has pleaded innocent to gambling and weapons charges. He is due back in court Feb. 5.

Vito and another man, Noah Sheridan, were arrested after police raided their homes and an office at 3 Park St. in downtown Attleboro and seized what they said were gambling tables, betting slips and paraphernalia as well as computers, TVs, and a .380-caliber handgun loaded with hollow-point ammunition.

Silva has contended that police lack sufficient evidence to link his client to the gun and other evidence taken from the office. Sheridan's case was dismissed last week after Judge Gregory Phillips agreed to throw out the gambling and gun charges on different legal grounds at the request of Sheridan's lawyer, Edward McCormick III of Franklin.

Marijuana possession charges against Sheridan, 31, filed as a result of a search of his North Attleboro home, were dismissed on Monday with the payment of $100 court costs, according to court records.