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PEOPLE v. POSNER

5536N, 5536NA, 5536NB, 3982/08.

86 A.D.3d 443 (2011)

926 N.Y.S.2d 287

2011 NY Slip Op 5879

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. LOUIS POSNER et al., Respondents. NEW YORK CITY POLICE DEPARTMENT, Nonparty Appellant. MICHAEL KESSLER, Third-Party Respondent; JOSEPH A. BONDY et al., Third-Party Intervenors-Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided July 7, 2011.

The court had jurisdiction to decide the issue regarding the release of the seized funds (see CPL 690.55[1][a]; Matter of Documents Seized Pursuant to Search Warrant, 124 Misc.2d 897, 899 [1984]). The record belies NYPD's argument that it was not afforded a full and fair opportunity to be heard before the court directed the release of the subject funds. Furthermore, under the circumstances presented, the court properly...

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