DiFiore v. ArmstrongPosted by Asset Forfeiture Attorney Steven Kessler.
DiFiore v. Armstrong, slip op., Index No. 08-15266 (Sup. Ct. Westchester County Oct. 1, 2008) (Molea, J.). The Court found that the District Attorney’s office in a civil forfeiture proceeding commenced under CPLR Article 13-A had failed to meet its evidentiary burden on a motion to attach a vehicle seized incident to a drug arrest, where there was no showing that the owner of the vehicle – the spouse of the arrestee – had reason to know that the vehicle would be used for criminal activity.