Property Clerk of New York City Police Department v. Hurlston

— Judgment of the Supreme Court, New York County (Kirschenbaum, J.), entered on May 25,1983, which directed the petitioner Property Clerk of New York City Police Department to restore $1,206 to respondent, is reversed, on the law, without costs, and the matter remanded for a hearing.

Respondent was arrested and charged with criminal possession of marihuana in the fifth degree and criminal sale of marihuana in the fourth degree. At the time of his arrest, $1,206 was seized from his person. The case against respondent was dismissed, not on the merits, but because of the failure to produce the…