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RACHLES v. LUGO

199 A.D.2d 151 (1993)

605 N.Y.S.2d 260

Louis Rachles, Appellant, v. Angelo Lugo, Individually and as Property Clerk of The City of New York, et al., Respondents

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

December 21, 1993

Pursuant to McClendon v Rosetti (369 F.Supp. 1391), if a demand for the return of property seized by police is made within 90 days after the termination of the criminal proceeding, the Property Clerk must return the property, or upon a determination that it should not be returned, start a proceeding to retain it. It has been determined that a criminal proceeding does not terminate for these purposes until the direct appeals have...

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