Legal Opinion
Property Clerk v. Aponte
New York Supreme Court
Decided September 28, 1988PublishedCited by 2 opinions
1Opinion of the Court
OPINION OF THE COURT
Edward H. Lehner, J.
The principal issue in this case is what nexus must exist between property seized "as a means of committing crime or employed in aid or furtherance of crime” and the crime it allegedly aided in order to subject the property to forfeiture pursuant to section 14-140 (b) of the Administrative Code of the City of New York.
FACTS
This is a special proceeding to declare a forfeiture of respondent’s 1987 Volkswagen which was seized during the course of his arrest on a drug possession charge. The affidavit of the arresting officer states that he observed…
2Cases cited6 opinions
- United States v. One 1972 Datsun, Vehicle Identification No. LB1100355950District Court, D. New Hampshire · 1974
- Property Clerk of New York City Police Department v. HurlstonAppellate Division of the Supreme Court of the State of New York · 1984
- Property Clerk, New York City Police Department v. CovellNew York Supreme Court · 1988
- Henry v. CastagnaroNew York Supreme Court · 1980
- Property Clerk, New York City Police Department v. CorbettNew York Supreme Court · 1982
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Property Clerk of New York City Police Department v. AponteAppellate Division of the Supreme Court of the State of New York · 1990
- Vergari v. LockhartNew York Supreme Court · 1989