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

34 A.D.3d 215 (2006)

825 N.Y.S.2d 442

PROPERTY CLERK OF THE POLICE DEPARTMENT OF THE CITY OF NEW YORK et al., Appellants, v. MERV HARRIS et al., Respondents, and DELORES NEWTON HARRIS, Respondent.

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

Decided November 2, 2006.

When respondent Merv Harris was arrested on drug charges, the vehicle he was driving at the time was seized by petitioners (collectively, the City). Thereafter, in accordance with constitutional requirements (see Krimstock v Kelly, 306 F.3d 40, 44 [2d Cir 2002], cert denied 539 U.S. 969 [2003]; County of Nassau v Canavan, 1 N.Y.3d 134, 144 [2003]), a postseizure vehicle retention hearing...

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