Montecalvo v. Columbia County

*996OPINION OF THE COURT

John G. Connor, J.

Petitioner seeks an order pursuant to CPLR article 78 directing respondent, or their agents, to return to petitioner a certain motor vehicle seized by the Copake Police Department, 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 criminal intent.

The facts of this matter are undisputed. Petitioner is the lessee of the 1998 Chevrolet S-10 pick-up…