Legal Opinion
People v. Martinez
New York Supreme Court
Decided July 19, 1991PublishedCited by 8 opinions
1Opinion of the Court
OPINION OF THE COURT
Leslie Crocker Snyder, J.
This court is presented with what appears to be an issue of first impression in New York State. Can a State prosecutor who has investigated a defendant under joint State and Federal auspices, resulting in a New York State indictment for a violation of this State’s narcotics laws, elect to pursue Federal rather than State forfeiture proceedings? If allowed, would this impermissibly subvert CPLR article 13-A which, unlike Federal forfeiture law, specifically exempts reasonable attorneys’ fees from forfeiture proceedings?
This court finds that as long…
2Cases cited25 opinions
- Illinois v. GatesSupreme Court of the United States · 1983
- Jones v. BarnesSupreme Court of the United States · 1983
- Roviaro v. United StatesSupreme Court of the United States · 1957
- Elkins v. United StatesSupreme Court of the United States · 1960
- Wheat v. United StatesSupreme Court of the United States · 1988
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3Cited by8 opinions
- Greenfield v. National Westminster Bank USADistrict Court, S.D. New York · 1994
- United States v. FerbyCourt of Appeals for the Second Circuit · 2004
- Morgenthau v. CliffordNew York Supreme Court · 1992
- People v. YoungNew York Supreme Court · 2000
- United States v. FerbyCourt of Appeals for the Second Circuit · 2004
3 more not listed; retrieve them via the Exa API.