N.Y. PEN Law § 480.00 — New York Code / Act PEN / Part 4 / Title X / Article 480 / Section 480.00
Definitions
Status: in_force

§ 480.00 Definitions.\n  The following definitions are applicable to this article.\n  1. "Felony offense" means only a felony defined in article two hundred\ntwenty of this chapter, or an attempt or conspiracy to commit any such\nfelony, provided such attempt or conspiracy is punishable as a felony,\nor solicitation of any such felony provided such solicitation is\npunishable as a felony.\n  2. "Property" means real property, personal property, money,\nnegotiable instruments, securities, or anything of value or an interest\nin a thing of value.\n  3. "Proceeds" means any property obtained by a defendant through the\ncommission of a felony controlled substance offense, and includes any\nappreciation in value of such property.\n  4. "Substituted proceeds" means any property obtained by a defendant\nby the sale or exchange of proceeds of a felony controlled substance\noffense, and any gain realized by such sale or exchange.\n  5. "Instrumentality of a felony controlled substance offense" means\nany property, other than real property and any buildings, fixtures,\nappurtenances, and improvements thereon, whose use contributes directly\nand materially to the commission of a felony controlled substance\noffense.\n  6. "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  7. "Specified felony offense" means:\n  (a) a conviction of a person for a violation of section 220.18,\n220.21, 220.41, 220.43, or 220.77 of this chapter, or where the\naccusatory instrument charges one or more of such offenses, conviction\nupon a plea of guilty to any of the felonies for which such plea is\notherwise authorized by law or a conviction of a person for conspiracy\nto commit a violation of section 220.18, 220.21, 220.41, 220.43, or\n220.77 of this chapter, where the controlled substances which are the\nobject of the conspiracy are located in the real property which is the\nsubject of the forfeiture action; or\n  (b) three or more violations of any of the felonies defined in section\n220.09, 220.16, 220.18, 220.21, 220.31, 220.34, 220.39, 220.41, 220.43\nor 220.77 of this chapter, which violations do not constitute a single\ncriminal offense as defined in subdivision one of section 40.10 of the\ncriminal procedure law, or a single criminal transaction, as defined in\nparagraph (a) of subdivision two of section 40.10 of the criminal\nprocedure law, and at least one of which resulted in a conviction of\nsuch offense, or where the accusatory instrument charges one or more of\nsuch felonies, conviction upon a plea of guilty to a felony for which\nsuch plea is otherwise 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 this chapter, 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