United States Second Circuit

The district court's decision requiring defendant to provide post-seizure hearings for cars held as arrest evidence and for forfeiture proceedings is affirmed as it relates to cars held for forfeiture but reversed with respect to cars held as arrest evidence.

Appellate Information

• Decided 08/05/2004
• Published 08/05/2004

Judges

• WESLEY, Circuit Judge., Before:  VAN GRAAFEILAND, SACK, and WESLEY, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Alan Gadlin, for Amicus Curiae New York State District Attorneys Association (Michael A. Arcuri, Mark Dwyer, Anthony J. Girese, and Alan Gadlin, on the brief).


• For Appellees:
  
• Julie Steiner, Assistant Corporation Counsel, for Michael A. Cardozo, Corporation Counsel of the City of New York (Leonard Koerner, Chlarens Orsland, and Julie Steiner, Assistant Corporation Counsels, on the brief), New York, NY, for Defendant-Appellants., Thomas O'Brien, The Legal Aid Society, Brooklyn, NY, for Plaintiff-Appellees.