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THE PEOPLE, ETC., respondent, v. SAM EDMONSON, appellant.

DECISION ORDER

ORDERED that the judgment and the order are affirmed.

The defendant contends that his rights under the Double Jeopardy Clause of the Fifth Amendment of the United States Constitution were violated when the People criminally prosecuted him after seizing his assets under New York's civil forfeiture law (see CPLR art 13-A). The Double Jeopardy Clause of the Fifth Amendment provides that no person shall "be subject for the same offence to be twice put in jeopardy of life or limb" (US Const Amend V). The orders of attachment did not implicate the Double Jeopardy Clause, since they were not punitive in nature (see Hudson v. United States, 522 U.S. 93). The civil forfeiture action does not constitute criminal "punishment" within the meaning of the Double Jeopardy Clause (Hynes v. Iadarola, 164 Misc.2d 204, 209, affd 222 A.D.2d 454, cert denied sub nom. Iadarola v. New York, 517 U.S. 1209; see also Hynes v. Iadarola, 221 A.D.2d 131).

Viewing the evidence in the light most favorable to the prosecution (see People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt (see People v. Breland, 83 N.Y.2d 286; People v. Amante, 242 A.D.2d 275). Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see CPL 470.15).

The defendant's contention that he is entitled to a new trial based upon the conclusory recantation of one of the People's witnesses was properly denied without a hearing (see People v. Serrata, 261 A.D.2d 490; People v. Johnson, 208 A.D.2d 562; People v. Fielder, 154 A.D.2d 388).

The defendant's remaining contentions, including those raised in his supplemental pro se brief and his attorney's supplemental submission, are either unpreserved for appellate review or without merit.

KRAUSMAN, J.P., GOLDSTEIN, TOWNES and RIVERA, JJ., concur.

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PEOPLE v. EDMONSON
(Dec 2, 2002)