PROPERTY CLERK OF N.Y. CITY v. PIACENTINI

The record discloses that two Assistant District Attorneys represented to respondent that his automobile would be returned to him upon his payment of a $50 fine, as part of his plea bargain. While a release by the District Attorney does not preclude an independent forfeiture proceeding by the Property Clerk, we believe that respondent, under the circumstances hereunder, should receive the benefits of his plea bargain (Property Clerk of N.Y. City Police Dept. v. Ferris, 158 A.D.2d 433).

Concur — Carro, J.P., Milonas, Asch, Ellerin and Rubin, JJ.