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


49 A.D.3d 430 (2008)

854 N.Y.S.2d 376

PROPERTY CLERK OF THE NEW YORK CITY POLICE DEPARTMENT, Respondent, v. EVGENY BER, Appellant.

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

Decided March 20, 2008.


Defendant's argument that plaintiff is selectively enforcing the civil forfeiture statute against luxury vehicles in violation of equal protection is pure speculation that does not warrant disclosure or a hearing. We also reject defendant's argument that forfeiture of a 2002 BMW worth $20,000 to $27,000 for a crime that has a maximum fine of $1,000 is an unconstitutionally excessive penalty. "Given the gravity of the crime of drunk driving, it is difficult to imagine that...

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