§ 480.35 — Rebuttable presumption

New York § 480.35

• Jurisdiction: New York
• Law PEN: Penal
• Title X: Organized Crime Control Act
• Part 4: Administrative Provisions
• Art. 480: Criminal Forfeiture - Felony Controlled Substance Offenses

Text

§ 480.35 Rebuttable presumption.\n 1. In a criminal forfeiture proceeding commenced pursuant to this\narticle, the following rebuttable presumption shall apply: all currency\nor negotiable instruments payable to the bearer shall be presumed to be\nthe proceeds of a felony offense when such currency or negotiable\ninstruments are (i) found in close proximity to a controlled substance\nunlawfully possessed by the defendant in an amount sufficient to\nconstitute a violation of section 220.18 or 220.21 of the penal law, or\n(ii) found in close proximity to any quantity of a controlled substance\nor marihuana unlawfully possessed by such defendant in a room, other\nthan a public place, under circumstances evincing an intent to\nunlawfully mix, compound, package, distribute or otherwise prepare for\nsale such controlled substance or marihuana.\n 2. The presumption established by this section shall be rebutted by\ncredible and reliable evidence which tends to show that such currency or\nnegotiable instruments payable to the bearer is not the proceeds of a\nfelony offense. In an action tried before a jury, the jury shall be so\ninstructed. Any sworn testimony of a defendant offered to rebut the\npresumption and any other evidence which is obtained as a result of such\ntestimony, shall be inadmissible in any subsequent proceeding relating\nto the forfeiture action, or in any other civil or criminal action,\nexcept in a prosecution for a violation of article two hundred ten of\nthis chapter. In an action tried before a jury, at the commencement of\nthe trial, or at such other time as the court reasonably directs, the\nprosecutor shall provide notice to the court and to the defendant of its\nintent to request that the court charge such presumption.\n