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CRIMINAL CHARGE DISMISSED, UNJUST NYPD SEIZURE OF 2009 NISSAN RELEASED, AND EXCESSIVE USE OF FORCE CLAIM UNDER INVESTIGATION

Case Conclusion Date: 10.15.2012

Practice Area: Criminal Defense

Outcome: Criminal Charge Dismissed and 2009 Maxima Nissan Vechicle Released

Description: On September 1, 2012 at approximately 1:00 a.m. in Northern Manhattan PO Rachel Stahl served Emmanuel Echavarria a Criminal Summons charging him with violating one count under the administsrative code 24-233, excessive noise/car sterio. PO Stahl of the 34 Pct. then seized Echavarria's four door white 2009 Maxima Nissan and vouchered the property at the 34 precinct as arrest evidence. The officer scheduled the Notice of Summons for Arraignment more than two months after the issuance of the Summons at the Manhattan Criminal Summons Court at 346 Broadway on November 8, 2012. The property voucher included a directive from the arresrting officer that the vehicle would not be released until the Summons was adjudicated, preventing Echavarria's mother, the registered owner, access to the Nissan Maxima. Echavarria's mother continued to make lease payments while the car remained under police custody at the NYPD Springield Auto Pound in Queens. Echavarria went to the 34 precinct to file a complaint. According to Echavarria he was unjustly punched in the face by an undercover officer and head slammed against a metal divider while filing a complaint at the precinct. An ambulence responded to the 34 prct. Manuel Portela advanced the case from November 8th to October 15, 2012 and advocated for an ACD, a conditional dismissal of the excessive noise violation. The presiding judge granted a one day ACD and ordered to seal the case file the same date of the arraignment. Mr. Portela also secured a property release from the New York County District Attorney's Office of the Maxima Nissan for Echavarria's mother. The excessive use of force claim by the undercover is under investigation.

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