Legal Opinion

Property Clerk, New York City Police Department v. Hyne

New York Supreme Court

Decided May 21, 1990PublishedCited by 10 opinions

1Opinion of the Court

OPINION OF THE COURT

Leonard N. Cohen, J.

Defendant Ronald Hyne moves to dismiss the complaint brought by plaintiff Property Clerk, New York City Police *775Department (the Property Clerk) for a declaratory judgment in this forfeiture action. Specifically, defendant argues that Administrative Code of the City of New York § 14-140, which governs forfeiture proceedings, is unconstitutional.

Defendant Hyne was arrested on February 1, 1989 for possession of "crack” cocaine. According to Police Officer Laura Romer’s affidavit, defendant was observed driving his 1979 Chevrolet Camaro to a known drug…

2Cases cited10 opinions

  1. Boyd v. United StatesSupreme Court of the United States · 1886
  2. Kennedy v. Mendoza-MartinezSupreme Court of the United States · 1963
  3. Helvering v. MitchellSupreme Court of the United States · 1938
  4. United States v. WardSupreme Court of the United States · 1980
  5. United States v. One Assortment of 89 FirearmsSupreme Court of the United States · 1984

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3Cited by10 opinions

  1. Krimstock v. KellyCourt of Appeals for the Second Circuit · 2002
  2. Krimstock v. KellyCourt of Appeals for the Second Circuit · 2002
  3. Property Clerk, New York City Police Department v. SmallNew York Supreme Court · 1992
  4. Property Clerk of New York City Police Department v. HyneAppellate Division of the Supreme Court of the State of New York · 1991
  5. City of New York v. WrightAppellate Terms of the Supreme Court of New York · 1994

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