Marshall v. Soares

Mercure, J.P.

Appeal from a judgment of the Supreme Court (McNamara, J.), entered February 18, 2011 in Albany County, which dismissed petitioner’s application, in a proceeding pursuant to CELR article 78, to compel respondent to return certain money seized in the course of a prior criminal investigation.

In the course of an investigation into petitioner’s involvement in the narcotics trade, the City of Albany Eolice Department executed a search warrant and seized numerous items from his residence, including over $25,000 in cash. Fetitioner was thereafter convicted of multiple drug-related…