Legal Opinion
Property Clerk of New York City Police Department v. Molomo
Appellate Division of the Supreme Court of the State of New York
Decided April 23, 1992PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Kupferman, J.
On the afternoon of August 16, 1989, defendant Michael Molomo and a female passenger in his 1988 Mercury Topaz were arrested in the Bronx and charged with criminal possession of narcotics and the vehicle was seized as an instrumentality of crime.
We are all agreed that Molomo, the purchaser of the motor vehicle, by using it while making a drug purchase, turned it into an instrumentality of crime within the meaning of section 14-140 (b) of the Administrative Code of the City of New York, which provides for the vehicle’s forfeiture.
The only issue is the right of…
2Cases cited6 opinions
- Calero-Toledo v. Pearson Yacht Leasing Co.Supreme Court of the United States · 1974
- Property Clerk of New York City Police Department v. FerrisNew York Court of Appeals · 1991
- Frank Santora Equipment Corp. v. City of New YorkNew York Supreme Court · 1988
- Goelet v. National Surety Co.New York Court of Appeals · 1928
- City of New York v. SalamonAppellate Division of the Supreme Court of the State of New York · 1990
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3Cited by3 opinions
- Ford Motor Credit Co. v. New York City Police DepartmentDistrict Court, S.D. New York · 2005
- Property Clerk of New York City Police Department v. MolomoNew York Court of Appeals · 1993
- County of Nassau v. RojasAppellate Division of the Supreme Court of the State of New York · 2008