Property Clerk of N.Y. City v. Piacentini

Full title: PROPERTY CLERK OF NEW YORK CITY POLICE DEPARTMENT, Appellant, v. ALBERTO…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Apr 17, 1990

160 A.D.2d 465 (N.Y. App. Div. 1990)

554 N.Y.S.2d 136

Opinion

April 17, 1990

Appeal from the Supreme Court, New York County (Karla Moskowitz, J.).

The record discloses that two Assistant District Attorneys represented to respondent that his automobile would be returned to him upon his payment of a $50 fine, as part of his plea bargain. While a release by the District Attorney does not preclude an independent forfeiture proceeding by the Property Clerk, we believe that respondent, under the circumstances hereunder, should receive the benefits of his plea bargain (Property Clerk of N.Y. City Police Dept. v. Ferris, 158 A.D.2d 433).

Concur — Carro, J.P., Milonas, Asch, Ellerin and Rubin, JJ.