§ 420.05 — Seizure and forfeiture of equipment used in the production of unauthorized recordings

New York § 420.05

• 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. 420: Seizure and Destruction of Unauthorized Recordings of Sound and Forfeiture of Equipment Used In the Production Thereof

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§ 420.05 Seizure and forfeiture of equipment used in the production of\n unauthorized recordings.\n 1. Any police officer of this state may seize any equipment, or\ncomponents, used in the manufacture or production of unauthorized\nrecordings and may seize any vehicle or other means of transportation,\nother than a vehicle or means of transportation used by any person as a\ncommon carrier in the transaction of business as such common carrier,\nused in the distribution of such unauthorized recordings and such\nequipment or vehicle or other means of transportation shall be subject\nto forfeiture as provided in this section.\n 2. The seized property shall be delivered by the police officer having\nmade the seizure to the custody of the district attorney of the county\nwherein the seizure was made, except that in the cities of New York,\nYonkers and Buffalo, the seized property shall be delivered to the\ncustody of the police department of such cities, together with a report\nof all the facts and circumstances of the seizure.\n 3. It shall be the duty of the district attorney of the county wherein\nthe seizure was made, if elsewhere than in the city of New York, Yonkers\nor Buffalo, and where the seizure is made in either such city, it shall\nbe the duty of the corporation counsel of the city, to inquire into the\nfacts of the seizure so reported to him and if it appears probable that\na forfeiture has been incurred for the determination of which the\ninstitution of proceedings in the supreme court is necessary, to cause\nthe proper proceedings to be commenced and prosecuted, at any time after\nthirty days from the date of seizure, to declare such forfeiture,\nunless, upon inquiry and examination such district attorney or\ncorporation counsel decides that such proceedings cannot probably be\nsustained or that the ends of public justice do not require that they\nshould be instituted or prosecuted, in which case, the district attorney\nor corporation counsel shall cause such seized property to be returned\nto the owner thereof.\n 4. Notice of the institution of the forfeiture proceeding shall be\nserved either:\n (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 5. Forfeiture shall not be adjudged where the owners established by\npreponderance of the evidence that:\n (a) the use of such seized property was not intentional on the part of\nany owner; or\n (b) said seized property was used 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 6. The district attorney or the police department having custody of\nthe seized property, after such judicial determination of forfeiture,\nshall, by a public notice of at least five days, sell such forfeited\nproperty at public sale. The net proceeds of any such sale, after\ndeduction of the lawful expenses incurred, shall be paid into the\ngeneral fund of the county wherein the seizure was made except that the\nnet proceeds of the sale of property seized in the cities of New York,\nYonkers and Buffalo shall be paid into the respective general funds of\nsuch cities.\n 7. 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 five 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\nand costs incurred by the district attorney, police department or\ncorporation counsel.\n 8. 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