JurisdictionNew YorkLaw CPLCriminal Procedure
Title HPreliminary Proceedings In Local Criminal Court
Part 2The Principal Proceedings
Art. 95Pre-criminal Proceeding Settlements
This text of New York § 95.00 (Pre-criminal proceeding settlement) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
* § 95.00 Pre-criminal proceeding settlement.\n When a county district attorney of a county located in a city of one\nmillion or more recovers monies before the filing of an accusatory\ninstrument as defined in subdivision one of section 1.20 of this\nchapter, after injured parties have been appropriately compensated, the\ndistrict attorney's office shall retain a percentage of the remaining\nsuch monies in recognition that such monies were recovered as a result\nof investigations undertaken by such office. For each recovery the total\namount of such monies to be retained by the county district attorney's\noffice shall equal ten percent of the first twenty-five million dollars\nreceived by such office, plus seven and one-half percent of such monies\nreceived by such office in excess of tw
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* § 95.00 Pre-criminal proceeding settlement.\n When a county district attorney of a county located in a city of one\nmillion or more recovers monies before the filing of an accusatory\ninstrument as defined in subdivision one of section 1.20 of this\nchapter, after injured parties have been appropriately compensated, the\ndistrict attorney's office shall retain a percentage of the remaining\nsuch monies in recognition that such monies were recovered as a result\nof investigations undertaken by such office. For each recovery the total\namount of such monies to be retained by the county district attorney's\noffice shall equal ten percent of the first twenty-five million dollars\nreceived by such office, plus seven and one-half percent of such monies\nreceived by such office in excess of twenty-five million dollars but\nless than fifty million dollars, plus five percent of any such monies\nreceived by such office in excess of fifty million dollars but less than\none hundred million dollars, plus one percent of such monies received by\nsuch office in excess of one hundred million dollars. The remainder of\nsuch monies shall be paid by the district attorney's office to the state\nand to the county in equal amounts within thirty days of receipt, where\ndisposition of such monies is not otherwise prescribed by law. Monies\ndistributed to a county district attorney's office pursuant to this\nsection shall be used to enhance law enforcement efforts within the\nstate of New York. On December first of each year, every district\nattorney shall provide the governor, temporary president of the senate\nand speaker of the assembly with an annual report detailing the total\namount of monies received as described herein by his or her office, a\ndescription of how and where such funds, and an itemization of funds\nreceived in the previous ten years, were distributed by his or her\noffice but shall not include a description of the distribution of monies\nwhere the disclosure of such information would interfere with a law\nenforcement investigation or a judicial proceeding, and the current\ntotal balance of monies held on deposit for state sanctioned deferred\nprosecution agreements. The report shall include a detailed description\nof any entity to which funds are distributed, including but not limited\nto, whether it is a profit or not-for-profit entity, where it is\nlocated, and the intended use of the monies distributed, and shall state\nthe law enforcement purpose.\n * NB Repealed March 31, 2027\n