Opinion
January 15, 1998
Appeal from the Supreme Court, New York County (Salvador Collazo, J.).
The resolution of criminal charges does not preclude a civil forfeiture proceeding ( Matter of Property Clerk of N.Y. City Police Dept. v. Ferris, 77 N.Y.2d 428; Property Clerk of N.Y. City Police Dept. v. Conca, 148 A.D.2d 301, 302). Furthermore, the record establishes, prima facie, defendant's violation of Vehicle and Traffic Law § 511 (3) (a) (ii), the predicate for seizure and forfeiture under Vehicle and Traffic Law § 511-c.
We find no basis to grant the motion in the interests of justice. Defendant's further arguments, that civil forfeiture constitutes a form of cruel and unusual punishment and violates the proscription against double jeopardy, are unpreserved and without merit.
Concur — Sullivan, J.P., Ellerin, Tom, Andrias and Colabella, JJ.