JOHNSON v. MILLER


41 A.D.3d 250 (2007)

837 N.Y.S.2d 653

ROBERT T. JOHNSON, as District Attorney of Bronx County, Respondent v. KIRK MILLER, Appellant.

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

Decided June 19, 2007.


The affidavit of the arresting officer states that he recovered the subject money, along with more than an ounce of cocaine and paraphernalia used for packaging and selling cocaine, from defendant's bag in the back of the cab in which defendant was a passenger. This sufficed to show that the money was the proceeds of a preconviction forfeiture crime, i.e., a felony defined in, inter alia, Penal Law article 220 (CPLR 1310 [2], [6]), specifically, criminal possession of a controlled...

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