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PROP. CLERK OF NEW YORK CITY POLICE DEP'T v. DIOUF

185 A.D.2d 151 (1992)

Property Clerk of New York City Police Department, Respondent, v. Mohamed Diouf, Appellant

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

July 2, 1992

Because forfeiture is a civil proceeding, the Property Clerk need only prove by a preponderance of the evidence that seized property is subject to forfeiture (Matter of Property Clerk of N. Y. City Police Dept. v Ferris, 77 N.Y.2d 428, 430). And, because of the differing degree of proof, the outcome of an underlying criminal action — even if terminated by a dismissal or acquittal — is irrelevant to the outcome of a...

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