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CRIME VICTIMS v. TJM PRODS.

265 A.D.2d 38 (2000)

705 N.Y.S.2d 320

NEW YORK STATE CRIME VICTIMS BOARD, Appellant, v. T.J.M. PRODUCTIONS, INC., et al., Respondents.

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

March 7, 2000.

Attorney(s) appearing for the Case

Daniel Smirlock of counsel (Peter H. Schiff and John McConnell on the brief; Eliot Spitzer, Attorney General of the State of New York, attorney), for appellant.

Michael G. Dowd of counsel (Samantha J. Leventhal on the brief; Law Offices of Michael G. Dowd, attorneys), for T.J.M. Productions, Inc. and another, respondents.

Slade R. Metcalf of counsel (Jean Voutsinas on the brief; Squadron, Ellenoff, Plesent & Scheinfeld, L. L. P., attorneys), for HarperCollins Publishers, Inc. and others, respondents.

Victor A. Kovner of counsel (Jeffrey H. Blum on the brief; Davis Wright Tremaine, L. L. P., attorneys), for International Creative Management, Inc., respondent.

Larry H. Krantz of counsel (Marjorie E. Berman on the brief; Krantz & Berman, L. L. P., attorneys), for Salvatore Gravano, respondent.

ELLERIN and SAXE, JJ., concur with RUBIN, J.; NARDELLI, J. P., and MAZZARELLI, J., concur in a separate opinion by MAZZARELLI, J.

OPINION OF THE COURT

RUBIN, J.

For the past two decades, the Legislature of this State has attempted to provide a source of funds to compensate crime victims for the damages they sustain at the hands of criminals. The effort to "take the profit out of crime" by seizing the instrumentalities employed in its commission has been hugely successful (see, 1 Kessler, Criminal and Civil Forfeiture, ch 1, § 1.01). However, the "Son of Sam" Law, the Legislature...

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