PROP. CLERK v. CORBETT


116 Misc.2d 1097 (1982)

Property Clerk, New York City Police Department, Petitioner, v. John Corbett, as Assignee of Raymond Brookshire, Respondent.

Supreme Court, Special Term, New York County.

November 18, 1982


Attorney(s) appearing for the Case

Frederick A. O. Schwarz, Corporation Counsel (Rosemary Carroll of counsel), for petitioner. John C. Corbett for respondent.


STANLEY L. SKLAR, J.

A police officer stopped a car and arrested the driver when he found drug paraphernalia and a substantial sum of money in the car. The District Attorney permitted the driver to plead guilty to disorderly conduct, a violation, rather than a drug paraphernalia charge. Is that decision a determination, binding in this civil proceeding for forfeiture of the money, that the money does not constitute the proceeds of a crime? I hold that...

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