Property Clerk of N.Y. City Police v. Amato

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

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

Date published: Mar 21, 1991

171 A.D.2d 550 (N.Y. App. Div. 1991)

567 N.Y.S.2d 263

Opinion

March 21, 1991

Appeal from the Supreme Court, New York County (Shirley Fingerhood, J.).

The respondent was arrested on August 1, 1989 in Queens, New York just after he had purchased cocaine from a street vendor. The transaction was seen by a police officer who radioed the information to another officer. Respondent was then arrested. A vial of cocaine was discovered on the person of the respondent. On facts similar to those here, where a vehicle has been used to transport a person away from the scene of a purchase of narcotics, this court has stated that the vehicle should be forfeited. (Administrative Code of City of New York § 14-140 [e] [1]; Property Clerk of N.Y. City Police Dept. v Negron, 157 A.D.2d 602; Property Clerk of N.Y. City Police Dept. v Aponte, 158 A.D.2d 431; Property Clerk of N.Y. City Police Dept. v Fanning, 162 A.D.2d 282.)

Accordingly, we reverse.

Concur — Sullivan, J.P., Rosenberger, Ross, Asch and Smith, JJ.