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WHITEHEAD v. DISTRICT ATTORNEY

186 Misc.2d 372 (2000)

717 N.Y.S.2d 857

In the Matter Of RENEE WHITEHEAD, Petitioner, v. DISTRICT ATTORNEY OF COLUMBIA COUNTY, Respondent.

Supreme Court, Greene County.

October 13, 2000.

Attorney(s) appearing for the Case

Robert White for petitioner.

Beth A. O'Connor, County Attorney of Columbia County (John Leonardson of counsel), for respondent.

OPINION OF THE COURT

JOHN G. CONNOR, J.

Petitioner seeks an order pursuant to CPLR article 78 directing respondent to return to petitioner a certain motor vehicle seized by the New York State Police on October 18, 1999 and for respondent to pay all towing and storage charges associated with said seizure. Respondent contends that the motor vehicle is being held as evidence, on the grounds that it was the instrumentality of a crime and may help establish the...

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