Legal Opinion
Henry v. Alquist
Appellate Division of the Supreme Court of the State of New York
Decided March 30, 1987PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Lawrence, J.
This appeal involves the right of the trial court to decline to declare a forfeiture of the respondent’s vehicle pursuant to Public Health Law § 3388, and to direct the return of the vehicle, despite the fact that the District Attorney had established that the vehicle had been used in violation of the statute. We find that under the circumstances, the trial court erred in refusing to declare the respondent’s vehicle forfeited, and accordingly, there should be a reversal of the judgment, and the petition for the forfeiture of the vehicle should be granted.
I
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2Cases cited4 opinions
- Calero-Toledo v. Pearson Yacht Leasing Co.Supreme Court of the United States · 1974
- Sochemaro v. RossettiCity of New York Municipal Court · 1957
- Property Clerk v. BatistaAppellate Division of the Supreme Court of the State of New York · 1985
- People v. LoeblAppellate Division of the Supreme Court of the State of New York · 1980
3Cited by5 opinions
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- Chesworth v. BlockAppellate Division of the Supreme Court of the State of New York · 1988
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