Legal Opinion
Lipscomb v. Property Clerk of the City of Newburgh Police Department
Appellate Division of the Supreme Court of the State of New York
Decided December 30, 1992PublishedCited by 5 opinions
1Opinion of the CourtYesawich Jr., J.
Appeal (transferred to this Court by order of the Appellate Division, Second Department) from a judgment of the Supreme Court (Rosato, J.), entered September 27, 1991 in Orange County, which granted petitioner’s application, in a proceeding pursuant to CPLR article 78, to compel respondent to return certain property seized from petitioner in the course of three arrests.
While executing several drug possession arrests, Newburgh City Police seized $1,048 from petitioner, who ultimately pleaded guilty to "unspecified drug charges”. Following termination of the criminal proceeding against him,…
2Cases cited3 opinions
- One 1958 Plymouth Sedan v. PennsylvaniaSupreme Court of the United States · 1965
- Carr v. HoyNew York Court of Appeals · 1957
- DeBellis v. Property ClerkNew York Court of Appeals · 1992
3Cited by5 opinions
- Montecalvo v. Columbia CountyAppellate Division of the Supreme Court of the State of New York · 2000
- Marshall v. SoaresAppellate Division of the Supreme Court of the State of New York · 2012
- Whitehead v. District Attorney of Columbia CountyNew York Supreme Court · 2000
- Montecalvo v. Columbia CountyNew York Supreme Court · 1999
- Opn. No., New York Attorney General Reports2003