Property Clerk of New York City Police Department v. Amato

Appellate Division of the Supreme Court of New York

Property Clerk of New York City Police Department v. Amato

171 A.D.2d 550

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

DecidedMarch 21, 1991

StatusPublished

Cited by2 cases

This text of 171 A.D.2d 550 (Property Clerk of New York City Police Department v. Amato) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Property Clerk of New York City Police Department v. Amato, 171 A.D.2d 550 (N.Y. Ct. App. 1991).

Pincite

Opinion

Order, Supreme Court, New York County (Shirley Fingerhood, J.), entered January 4, 1990, which dismissed a petition seeking a forfeiture of a motorcycle seized from the respondent at the time of his arrest for possession of a controlled substance, unanimously reversed, on the law and the facts, the petition reinstated and forfeiture granted, without costs.

The respondent was arrested on August 1, 1989 in Queens, New York just after he had purchased cocaine from a street vendor. The transaction was seen by a police officer who radioed the information to another officer. Respondent was then arrested. A vial of cocaine was discovered on the person of the respondent. On facts similar to those here, where a vehicle has been used to transport a person away from the scene of a purchase of narcotics, this court has stated that the vehicle should be forfeited. (Administrative Code of City of New York § 14-140 [e] [1]; Property Clerk of N. Y. City Police Dept. v Negron, 157 AD2d 602 [1990]; Property Clerk of N. Y. City Police Dept. v Aponte, 158 AD2d 431 [1990]; Property Clerk of N. Y. City Police Dept. v Fanning, 162 AD2d 282 [1990].)

Accordingly, we reverse. Concur — Sullivan, J. P., Rosenberger, Ross, Asch and Smith, JJ.

Free access — add to your briefcase to read the full text and ask questions with AI

Order, Supreme Court, New York County (Shirley Fingerhood, J.), entered January 4, 1990, which dismissed a petition seeking a forfeiture of a motorcycle seized from the respondent at the time of his arrest for possession of a controlled substance, unanimously reversed, on the law and the facts, the petition reinstated and forfeiture granted, without costs.

The respondent was arrested on August 1, 1989 in Queens, New York just after he had purchased cocaine from a street vendor. The transaction was seen by a police officer who radioed the information to another officer. Respondent was then arrested. A vial of cocaine was discovered on the person of the respondent. On facts similar to those here, where a vehicle has been used to transport a person away from the scene of a purchase of narcotics, this court has stated that the vehicle should be forfeited. (Administrative Code of City of New York § 14-140 [e] [1]; Property Clerk of N. Y. City Police Dept. v Negron, 157 AD2d 602 [1990]; Property Clerk of N. Y. City Police Dept. v Aponte, 158 AD2d 431 [1990]; Property Clerk of N. Y. City Police Dept. v Fanning, 162 AD2d 282 [1990].)

Accordingly, we reverse. Concur — Sullivan, J. P., Rosenberger, Ross, Asch and Smith, JJ.

Cite This Page — Counsel Stack

Bluebook (online)

171 A.D.2d 550, Counsel Stack Legal Research, https://law.counselstack.com/opinion/property-clerk-of-new-york-city-police-department-v-amato-nyappdiv-1991.

Opinion

Related

Cite This Page — Counsel Stack