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PROPERTY CLERK OF THE POLICE DEPARTMENT OF THE CITY OF NEW YORK v. BURNETT

22 A.D.3d 201 (2005)

801 N.Y.S.2d 592

PROPERTY CLERK OF THE POLICE DEPARTMENT OF THE CITY OF NEW YORK et al., Appellants, v. HUBERT BURNETT, Respondent, et al., Respondent.

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

October 4, 2005.

On February 16, 2004, respondent Burnett was arrested in the vicinity of 118th Street and Second Avenue as he exited his 2000 Lexus. He was charged with felony possession of a controlled substance with intent to sell, felony possession of more than 16 ounces of marijuana, and misdemeanor possession of marijuana. The drugs were found in respondent's car, which was seized and vouchered at the time of arrest and is the subject of a civil forfeiture proceeding. Respondent thereafter...

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