§ 415.00 — Seizure and forfeiture of vehicles, vessels and aircraft used to transport or conceal gambling records

New York § 415.00

• Jurisdiction: New York
• Law PEN: Penal
• Title W: Provisions Relating to Firearms, Fireworks, Pornography Equipment and Vehicles Used In the Transportation of Gambling Records
• Part 4: Administrative Provisions
• Art. 415: Seizure and Forfeiture of Vehicles, Vessels and Aircraft Used to Transport or Conceal Gambling Records

Text

§ 415.00 Seizure and forfeiture of vehicles, vessels and aircraft used\n to transport or conceal gambling records.\n 1. It shall be unlawful to transport, carry, convey or conceal in,\nupon or by means of any vehicle, vessel or aircraft, with knowledge of\nthe contents thereof, any writing, paper, instrument or article:\n (a) Of a kind commonly used in the operation or promotion of a\nbookmaking scheme or enterprise, and constituting, reflecting or\nrepresenting more than five bets totaling more than five thousand\ndollars; or\n (b) Of a kind commonly used in the operation, promotion or playing of\na lottery or policy scheme or enterprise, and constituting, reflecting\nor representing more than five hundred plays or chances therein.\n 2. Any vehicle, vessel or aircraft which has been or is being used in\nviolation of subdivision one by a person other than a bettor, player or\nshareholder whose bets, plays or shares are represented by all such\nwritings, papers, instruments or articles, shall be seized by any peace\nofficer, who is acting pursuant to his special duties, or police\nofficer, and forfeited as provided in this section. However, such\nforfeiture and seizure provisions shall not apply to any vehicle, vessel\nor aircraft used by any person as a common carrier in the transaction of\nbusiness as such common carrier.\n 3. The seized property shall be delivered by the police officer or\npeace officer having made the seizure to the custody of the district\nattorney of the county wherein the seizure was made, except that in the\ncities of New York, Yonkers and Buffalo, the seized property shall be\ndelivered to the custody of the police department of such cities,\ntogether with a report of all the facts and circumstances of the\nseizure.\n 4. It shall be the duty of the district attorney of the county wherein\nthe seizure is made, if elsewhere than in the cities of New York,\nYonkers or Buffalo, and where the seizure is made in either such city it\nshall be the duty of the corporation counsel of the city, to inquire\ninto the facts of the seizure so reported to him and if it appears\nprobable that a forfeiture has been incurred by reason of a violation of\nthis section, for the determination of which the institution of\nproceedings in the supreme court is necessary, to cause the proper\nproceedings to be commenced and prosecuted, at any time after thirty\ndays from the date of seizure, to declare such forfeiture, unless, upon\ninquiry and examination, such district attorney or corporation counsel\ndecides that such proceedings can not probably be sustained or that the\nends of public justice do not require that they should be instituted or\nprosecuted, in which case, the district attorney or corporation counsel\nshall cause such seized property to be returned to the owner thereof.\n 5. Notice of the institution of the forfeiture proceeding shall be\nserved either (a) personally on the owners of the seized property, or\n(b) by registered mail to the owners' last known address and by\npublication of the notice once a week for two successive weeks in a\nnewspaper published or circulated in the county wherein the seizure was\nmade.\n 6. Forfeiture shall not be adjudged where the owners establish by\npreponderance of the evidence that (a) the use of such seized property,\nin violation of subdivision one of this section, was not intentional on\nthe part of any owner, or (b) said seized property was used in violation\nof subdivision one of this section by any person other than an owner\nthereof, while such seized property was unlawfully in the possession of\na person who acquired possession thereof in violation of the criminal\nlaws of the United States, or of any state.\n 7. The district attorney or the police department having custody of\nthe seized property, after such judicial determination of forfeiture,\nshall, at their discretion, either retain such seized property for the\nofficial use of their office or department, or, by a public notice of at\nleast five days, sell such forfeited property at public sale. The net\nproceeds of any such sale, after deduction of the lawful expenses\nincurred, shall be paid into the general fund of the county wherein the\nseizure was made except that the net proceeds of the sale of property\nseized in the cities of New York, Yonkers and Buffalo shall be paid into\nthe respective general funds of such cities.\n 8. Whenever any person interested in any property which is seized and\ndeclared forfeited under the provisions of this section files with a\njustice of the supreme court a petition for the recovery of such\nforfeited property, the justice of the supreme court may restore said\nforfeited property upon such terms and conditions as he deems reasonable\nand just, if the petitioner establishes either of the affirmative\ndefenses set forth in subdivision six of this section and that the\npetitioner was without personal or actual knowledge of the forfeiture\nproceeding. If the petition be filed after the sale of the forfeited\nproperty, any judgment in favor of the petitioner shall be limited to\nthe net proceeds of such sale after deduction of the lawful expenses and\ncosts incurred by the district attorney, police department or\ncorporation counsel.\n 9. No suit or action under this section for wrongful seizure shall be\ninstituted unless such suit or action is commenced within two years\nafter the time when the property was seized.\n