MATTER OF VERGARI v. MARCUS


32 A.D.2d 638 (1969)

In the Matter of Carl A. Vergari, as District Attorney of Westchester County, Respondent, v. Andrew Marcus, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 5, 1969


Judgment reversed, on the law, with costs; proceeding dismissed; and petitioner directed to return the automobile to appellant.

The findings of fact below are affirmed. The automobile is a 1968 Chevrolet Corvette valued at approximately $6,000. The proceeding was based on the use thereof by the owner to transport a quantity of marijuana in violation of subdivision 1 of section 3353 of the Public Health Law. The 21-year-old owner of the automobile admits the facts...

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