Legal Opinion

Morgenthau v. Garcia

New York Supreme Court

Decided June 11, 1990PublishedCited by 6 opinions

1Opinion of the Court

OPINION OF THE COURT

Phyllis B. Gangel-Jacob, J.

That branch of defendant’s motion seeking leave to defend this CPLR article 13-A civil forfeiture action (article 13-A action) as a poor person is granted without opposition. That branch of defendant’s motion requesting that counsel be as*901signed to defend him in this action is, in the court’s discretion, denied.

An article 13-A action "may be commenced by the appropriate claiming authority against a criminal defendant1 recover the property which constitutes the proceeds of a crime, the substituted proceeds of a crime or an instrumentality of a…

2Cases cited13 opinions

  1. Lassiter v. Department of Social Servs. of Durham Cty.Supreme Court of the United States · 1981
  2. In re SmileyNew York Court of Appeals · 1975
  3. Morgenthau v. Citisource, Inc.New York Court of Appeals · 1986
  4. Brown v. LavineNew York Court of Appeals · 1975
  5. Menin v. MeninNew York Supreme Court · 1974

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3Cited by6 opinions

  1. Commonwealth v. $9,847.00 U.S. CurrencySupreme Court of Pennsylvania · 1997
  2. People v. $30,000 United States CurrencyCalifornia Court of Appeal · 1995
  3. Mark G. v. SabolNew York Supreme Court · 1999
  4. Snuszki v. WrightAppellate Division of the Supreme Court of the State of New York · 2006
  5. State v. $1,010.00 IN AMERICAN CURRENCYSouth Dakota Supreme Court · 2006

1 more not listed; retrieve them via the Exa API.

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