Legal Opinion
Whitehead v. District Attorney of Columbia County
New York Supreme Court
Decided October 13, 2000PublishedCited by 1 opinion
1Opinion of the Court
OPINION OF THE COURT
John G. Connor, J.
Petitioner seeks an order pursuant to CPLR article 78 directing respondent to return to petitioner a certain motor vehicle seized by the New York State Police on October 18, 1999 and for respondent to pay all towing and storage charges associated with said seizure. Respondent contends that the motor vehicle is being held as evidence, on the grounds that it was the instrumentality of a crime and may help establish the criminal defendant’s guilt.
The facts of this matter are undisputed. Petitioner is the owner of the 1994 Honda two-door motor vehicle,…
2Cases cited6 opinions
- Boyle v. KelleyNew York Court of Appeals · 1977
- Fehlhaber Corp. v. O'HaraAppellate Division of the Supreme Court of the State of New York · 1976
- Boyle v. KelleyAppellate Division of the Supreme Court of the State of New York · 1976
- Butts v. Justices of the Court of Special SessionsNew York Court of Appeals · 1971
- Lipscomb v. Property Clerk of the City of Newburgh Police DepartmentAppellate Division of the Supreme Court of the State of New York · 1992
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3Cited by1 opinion
- Whitehead v. District Attorney of Columbia CountyAppellate Division of the Supreme Court of the State of New York · 2001