§ 1310 — Definitions

New York § 1310

• Jurisdiction: New York
• Law CVP: Civil Practice Law & Rules
• Art. 13-A: Proceeds of a Crime-forfeiture

Text

§ 1310. Definitions. In this article:\n 1. "Property" means and includes: real property, personal property,\nmoney, negotiable instruments, securities, or any thing of value or any\ninterest in a thing of value.\n 2. "Proceeds of a crime" means any property obtained through the\ncommission of a felony crime defined in subdivisions five and six\nhereof, and includes any appreciation in value of such property.\n 3. "Substituted proceeds of a crime" means any property obtained by\nthe sale or exchange of proceeds of a crime, and any gain realized by\nsuch sale or exchange.\n 4. "Instrumentality of a crime" means any property, other than real\nproperty and any buildings, fixtures, appurtenances, and improvements\nthereon, whose use contributes directly and materially to the commission\nof a crime defined in subdivisions five and six hereof.\n 4-a. "Real property instrumentality of a crime" means an interest in\nreal property the use of which contributes directly and materially to\nthe commission of a specified felony offense.\n 4-b. "Specified felony offense" means:\n (a) a conviction of a person for a violation of section 220.18,\n220.21, 220.41, or 220.43 of the penal law, or where the accusatory\ninstrument charges one or more of such offenses, conviction upon a plea\nof guilty to any of the felonies for which such plea is otherwise\nauthorized by law or a conviction of a person for conspiracy to commit a\nviolation of section 220.18, 220.21, 220.41, or 220.43 of the penal law,\nwhere the controlled substances which are the object of the conspiracy\nare located in the real property which is the subject of the forfeiture\naction; or\n (b) on three or more occasions, engaging in conduct constituting a\nviolation of any of the felonies defined in section 220.09, 220.16,\n220.18, 220.21, 220.31, 220.34, 220.39, 220.41 or 220.43 of the penal\nlaw, which violations do not constitute a single criminal offense as\ndefined in subdivision one of section 40.10 of the criminal procedure\nlaw, or a single criminal transaction, as defined in paragraph (a) of\nsubdivision two of section 40.10 of the criminal procedure law, and at\nleast one of which resulted in a conviction of such offense, or where\nthe accusatory instrument charges one or more of such felonies,\nconviction upon a plea of guilty to a felony for which such plea is\notherwise authorized by law; or\n (c) a conviction of a person for a violation of section 220.09,\n220.16, 220.34 or 220.39 of the penal law, or where the accusatory\ninstrument charges any such felony, conviction upon a plea of guilty to\na felony for which the plea is otherwise authorized by law, together\nwith evidence which: (i) provides substantial indicia that the defendant\nused the real property to engage in a continual, ongoing course of\nconduct involving the unlawful mixing, compounding, manufacturing,\nwarehousing, or packaging of controlled substances as part of an illegal\ntrade or business for gain; and (ii) establishes, where the conviction\nis for possession of a controlled substance, that such possession was\nwith the intent to sell it.\n 5. "Post-conviction forfeiture crime" means any felony defined in the\npenal law or any other chapter of the consolidated laws of the state.\n 7. "Court" means a superior court.\n 8. "Defendant" means a person against whom a forfeiture action is\ncommenced and includes a "criminal defendant" and a "non-criminal\ndefendant".\n 9. "Criminal defendant" means a person who has criminal liability for\na crime defined in subdivision five of this section. For purposes of\nthis article, a person has criminal liability when he has been convicted\nof a post-conviction forfeiture crime.\n 10. "Non-criminal defendant" means a person, other than a criminal\ndefendant, who possesses an interest in the proceeds of a crime, the\nsubstituted proceeds of a crime or an instrumentality of a crime.\n 11. "Claiming authority" means the district attorney having\njurisdiction over the offense or the attorney general for purpose of\nthose crimes for which the attorney general has criminal jurisdiction in\na case where the underlying criminal charge has been, is being or is\nabout to be brought by the attorney general, or the appropriate\ncorporation counsel or county attorney, provided that the corporation\ncounsel or county attorney may act as a claiming authority only with the\nconsent of the district attorney or the attorney general, as\nappropriate.\n 12. "Claiming agent" means and shall include all persons described in\nsubdivision thirty-four of section 1.20 of the criminal procedure law,\nand sheriffs, undersheriffs and deputy sheriffs of counties within the\ncity of New York.\n 13. "Fair consideration" means fair consideration is given for\nproperty, or obligation, (a) when in exchange for such property, or\nobligation, as a fair equivalent therefor, and in good faith, property\nis conveyed or an antecedent debt is satisfied, or (b) when such\nproperty, or obligation is received in good faith to secure a present\nadvance or antecedent debt in amount not disproportionately small as\ncompared with the value of the property, or obligation obtained.\n 14. "District attorney" means and shall include all persons described\nin subdivision thirty-two of section 1.20 of the criminal procedure law\nand the special assistant district attorney in charge of the office of\nprosecution, special narcotics courts of the city of New York.\n