The Second Department upheld seizure of a gun seen in plain view after a plate database inquiry on an illegally parked vehicle indicated the plates might be stolen.
The Second Department upheld Suffolk County’s DWI vehicle-forfeiture law and found forfeiture of a $21,000 Nissan proportionate to a repeat felony DWI involving extreme speeding.
The Second Department held that a court may reopen a SORA hearing before final disposition to correct its risk calculation, provided the offender had notice and a meaningful opportunity to respond.
The Appellate Division, Second Department reverses a weapon possession conviction after finding that officers lacked reasonable suspicion to pursue a man who walked between two residential driveways, rendering the subsequent discovery of a discarded firearm the product of an unlawful seizure.