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


41 A.D.3d 245 (2007)

836 N.Y.S.2d 873

PROPERTY CLERK OF THE NEW YORK CITY POLICE DEPARTMENT, Respondent, v. BORIS KRASNIK, Appellant.

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

Decided June 19, 2007.


Plaintiff demonstrated by a preponderance of the evidence that defendant pleaded guilty to driving while intoxicated, and that he was driving the vehicle that is the subject of this forfeiture proceeding at the time he committed the crime. Defendant's conviction is conclusive proof of the underlying facts. Even if he had sought to dispute his conviction or the underlying facts on this appeal, he would be collaterally estopped from relitigating those facts herein (see Grayes...

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