480.30 – Provisional Remedies.
§ 480.30 Provisional remedies. 1. The provisional remedies authorized by article thirteen-A of the civil practice law and rules shall be available in an action for criminal forfeiture pursuant to this article to the extent and under the same terms, conditions and limitations as provided in article thirteen-A of such law and rules, except as […]
480.35 – Rebuttable Presumption.
§ 480.35 Rebuttable presumption. 1. In a criminal forfeiture proceeding commenced pursuant to this article, the following rebuttable presumption shall apply: all currency or negotiable instruments payable to the bearer shall be presumed to be the proceeds of a felony offense when such currency or negotiable instruments are (i) found in close proximity to a […]
480.00 – Definitions.
§ 480.00 Definitions. The following definitions are applicable to this article. 1. “Felony offense” means only a felony defined in article two hundred twenty of this chapter, or an attempt or conspiracy to commit any such felony, provided such attempt or conspiracy is punishable as a felony, or solicitation of any such felony provided such […]
480.05 – Felony Controlled Substance Offenses; Forfeiture.
§ 480.05 Felony controlled substance offenses; forfeiture. 1. When any person is convicted of a felony offense, the following property is subject to forfeiture pursuant to this article: (a) any property constituting the proceeds or substituted proceeds of such offense, unless the forfeiture is disproportionate to the defendant’s gain from or participation in the offense, […]
480.10 – Procedure.
§ 480.10 Procedure. 1. After the grand jury votes to file an indictment charging a person with a felony offense as that term is defined in section 480.00 of this article, it may subsequently receive evidence that property is subject to forfeiture under this article. If such evidence is legally sufficient and provides reasonable cause […]
480.20 – Disposal of Property.
§ 480.20 Disposal of property. All property which is forfeited pursuant to this article shall be disposed of in accordance with the provisions of section thirteen hundred forty-nine of the civil practice law and rules. All reports required to be filed pursuant to article thirteen-A of such law and rules by a claiming authority shall […]
480.25 – Election of Remedies.
§ 480.25 Election of remedies. The imposition of a judgment or order of forfeiture pursuant to this article with respect to a defendant’s interest in property shall preclude the imposition of a judgment or order of forfeiture with respect to such interest in property pursuant to the provisions of any other state or local law […]