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eBook details

• Title: Robert M. Morgenthau v. Citisource
• Author : Court of Appeals of New York
• Release Date : January 16, 1986
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 64 KB

Description

[68 N.Y.2d 211 Page 214] Opinion OF THE COURT In this, the first case to reach this court involving the recently enacted CPLR article 13-A, we are called upon to determine the reach of an action relating to post-conviction forfeiture crimes (CPLR 1311) and the extent to which provisional remedies are available against the assets of an individual who has been indicted but not convicted of a post-conviction forfeiture crime (CPLR 1310 [5]), where it is neither claimed nor demonstrated that such assets are proceeds of a crime, substituted proceeds of a crime or an instrumentality of a crime (CPLR 1310 [2], [3], [4]). If we determine that such assets can be reached, we must determine whether the procedural requirements of the statute comport with Federal constitutional due process.

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