Legal Opinion

District Attorney of Kings County Elizabeth Holtzman v. Roman

Appellate Division of the Supreme Court of the State of New York

Decided June 13, 1988PublishedCited by 3 opinions

1Opinion of the Court

In a civil forfeiture action, the plaintiff appeals from an order of the Supreme Court, Kings County (Coffinas, J.), dated July 30, 1987, which denied the plaintiffs motion to confirm an order of attachment, and dismissed the complaint.

Ordered that the order is reversed, with costs, the motion is granted, and the complaint is reinstated.

The court erroneously dismissed the instant action because the District Attorney had allegedly given the defendant a promise, in return for his plea of guilty to attempted robbery in the second degree, not to seek forfeiture of his automobile which was used by…

2Cases cited4 opinions

  1. Morgenthau v. Citisource, Inc.New York Court of Appeals · 1986
  2. People v. HoodNew York Court of Appeals · 1984
  3. People v. MitchellAppellate Division of the Supreme Court of the State of New York · 1986
  4. Morgenthau v. Citisource, Inc.Appellate Division of the Supreme Court of the State of New York · 1987

3Cited by3 opinions

  1. United States v. United States Currency in the Amount of $228,536.00, Appeal of Edward A. Parker, Claimant-AppellantCourt of Appeals for the Second Circuit · 1990
  2. People v. McNairAppellate Division of the Supreme Court of the State of New York · 2010
  3. People v. HernandezAppellate Division of the Supreme Court of the State of New York · 1994

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