Cohen v A 2019 Nissan

Holding The court affirmed the judgment directing the forfeiture of the vehicle, holding that the defendant’s challenges to the post-seizure hearing procedures were rendered academic by his stipulation to return the vehicle. The court further held that Suffolk County’s civil forfeiture statute was not preempted by state law and that the forfeiture did not constitute an excessive fine under the State and Federal Constitutions.

The court’s words

the defendant's challenges to the procedures involving the post-seizure hearing have been rendered academic

2026 NY Slip Op 05158, at the official text

the fact that both the state and local laws seek to regulate the same subject matter does not in and of itself give rise to an express conflict

2026 NY Slip Op 05158, at the official text

Given the gravity of the crime of drunk driving, it is difficult to imagine that forfeiture of an automobile for such a crime could ever be excessive

2026 NY Slip Op 05158, at the official text