Legal Opinion

In re Charles W.

New York City Family Court

Decided August 3, 1984Published

1Opinion of the Court

OPINION OF THE COURT

Anthony F. Bonadio, J.

The respondent, adjudicated a juvenile delinquent and placed with the Division for Youth after pleading guilty to selling $5 worth of marihuana (Criminal Sale of Marihuana in the Fourth Degree [Penal Law, § 221.40], a class A misdemeanor), has moved this court for an order requiring the Rochester Police Department Property Clerk (see Charter of the City of Rochester, § 8A-13) to return to him the sum of $475,1 taken from him at the time of his arrest.2

*546The county (presentment agency) and city (police department) oppose the application. Both argue that…

2Cases cited26 opinions

  1. Goldberg v. KellySupreme Court of the United States · 1970
  2. Dobkin v. ChapmanNew York Court of Appeals · 1968
  3. Harold McClendon v. Thomas E. Rosetti, Individually and as Police Property Clerk of the City of New YorkCourt of Appeals for the Second Circuit · 1972
  4. People Ex Rel. Robert Simpson Co. v. KempnerNew York Court of Appeals · 1913
  5. McClendon v. RosettiDistrict Court, S.D. New York · 1974

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