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

246 A.D.2d 400 (1998)

666 N.Y.S.2d 424

Property Clerk of New York City Police Department, Appellant, v. Kevin Carter, Respondent

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

January 15, 1998

The resolution of criminal charges does not preclude a civil forfeiture proceeding (Matter of Property Clerk of N. Y. City Police Dept. v Ferris, 77 N.Y.2d 428; Property Clerk of N. Y. City Police Dept. v Conca, 148 A.D.2d 301, 302). Furthermore, the record establishes, prima facie, defendant's violation of Vehicle and Traffic Law § 511 (3) (a) (ii), the predicate for seizure and forfeiture...

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