N.Y. PEN Law § 450.10 — New York Code / Act PEN / Part 4 / Title W / Article 450 / Section 450.10
Disposal of stolen property
Status: in_force

§ 450.10 Disposal of stolen property.\n  1. When property, other than contraband including but not limited to\nthose items subject to the provisions of sections 410.00, 415.00, 420.00\nand 420.05 of this chapter, alleged to have been stolen is in the\ncustody of a police officer, a peace officer or a district attorney and\na request for its release is made prior to or during the criminal\nproceeding, it may not be released except as provided in subdivisions\ntwo, three and four of this section. When a request is made for the\nreturn of stolen property under this section, the police officer, peace\nofficer or district attorney in possession of such property must provide\nwritten notice to the defendant or his counsel of such request as soon\nas practicable. Such notice shall advise the defendant or his counsel of\nthe date on which the property will be released and the name and address\nof a person with whom arrangements can be made for the examination,\ntesting, photographing, photocopying or other reproduction of said\nproperty.\n  2. Both the defendant's counsel and the prosecutor thereafter shall\nmake a diligent effort to examine, test and photograph, photocopy or\notherwise reproduce the property. Either party may apply to the court\nfor an extension of any period allowed for examination, testing,\nphotographing, photocopying or otherwise reproducing the property. For\ngood cause shown the court may order retention of the property for use\nas evidence by either party. Unless extended by a court order sought by\neither party on notice to the other, the property shall be released no\nlater than the time periods for retention set forth in subdivisions\nthree and four of this section to the person making such request after\nsatisfactory proof of such person's entitlement to the possession\nthereof. Unless a court, upon applicaton of either party with notice to\nthe other, orders otherwise, the release of property in accordance with\nthe provisions of this section shall be unconditional.\n  3. Except as provided in subdivision four of this section, when a\nrequest is made for the release of property described in subdivision one\nof this section, the property shall be retained until either the\nexpiration of a fifteen day period from receipt by the defendant or his\ncounsel of the notice of the request, or the examination testing and\nphotographing, photocopying or other reproduction of such property, by\nthe parties, whichever event occurs first. The fifteen day period may be\nextended by up to five additional days by agreement between the parties.\n  4. (a) Except as provided in paragraphs (b) and (c) of this\nsubdivision and in subdivision eleven of this section, when a request is\nmade for the release of property described in subdivision one of this\nsection, and the property shall consist of perishables, fungible retail\nitems, motor vehicles or any other property release of which is\nnecessary for either the operation of a business or the health or\nwelfare of any person, the property shall be retained until either the\nexpiration of a forty-eight hour period from the receipt by the\ndefendant's counsel of the notice of the request, or the examination,\ntesting and photocopying, photographing or other reproduction of such\nproperty, by the parties whichever event occurs first. The forty-eight\nhour period may be extended by up to twenty-four additional hours by\nagreement between the parties. For the purposes of this section,\nperishables shall mean any property likely to spoil or decay or diminish\nsignificantly in value within twenty days of the initial retention of\nthe property.\n  (b) If, upon oral or written application by the district attorney with\nnotice to the defendant or his counsel, a court determines that\nimmediate release of property described in paragraph (a) of this\nsubdivision is required under the attendant circumstances, the court\nshall issue an order releasing the property and, if requested by either\nparty, setting, as a part of such order, any condition appropriate in\nthe furtherance of justice.\n  (c) A motor vehicle alleged to have been stolen but not alleged to\nhave been used in connection with any crime or criminal transaction\nother than the theft or unlawful use of said motor vehicle, which is in\nthe custody of a police officer, a peace officer or a district attorney,\nmay be released expeditiously to its registered owner or the owner's\nrepresentative without prior notice to the defendant. Before such\nrelease, evidentiary photographs shall be taken of such motor vehicle.\nSuch photographs shall include the vehicle identification number,\nregistration on windshield, license plates, each side of the vehicle,\nincluding vent windows, door locks and handles, the front and back of\nthe vehicle, the interior of the vehicle, including ignition lock, seat\nto floor clearance, center console, radio receptacle and dashboard area,\nthe motor, and any other interior or exterior surfaces showing any and\nall damage to the vehicle. Notice of such release, and the photographs\ntaken of said vehicle, shall be furnished to the defendant within\nfifteen days after arraignment or after counsel initially appears on\nbehalf of the defendant or respondent, whichever occurs later.\n  5. If stolen property comes into the custody of a court, it must,\nunless temporary retention be deemed necessary in furtherance of\njustice, be delivered to the owner, on satisfactory proof of his title,\nand on his paying the necessary expenses incurred in its preservation,\nto be certified by the court.\n  6. If stolen property has not been delivered to the owner, the court\nbefore which a trial is had for stealing it, may, on proof of his title,\norder it to be restored to the owner.\n  7. If stolen property is not claimed by the owner, before the\nexpiration of six months from the conviction of a person for stealing\nit, the court or other officer having it in custody must, on payment of\nthe necessary expenses incurred in its preservation, deliver it to the\ncounty commissioner of social services, or in the city of New York, to\nthe commissioner of social services, to be applied for the benefit of\nthe poor of the county or city, as the case may be.\n  8. Except in the city of New York, when money or other property is\ntaken from a defendant, arrested upon a charge of an offense, the\nofficer taking it must, at the time, give duplicate receipts therefor,\nspecifying particularly the amount of property taken, one of which\nreceipts he must deliver to the defendant, and the other of which he\nmust forthwith file with the court in which the criminal action is\npending.\n  9. The commissioners of police of the city of New York may designate\nsome person to take charge of all property alleged to be stolen, and\nwhich may be brought into the police office, and all property taken from\nthe person of a prisoner, and may prescribe regulations in regard to the\nduties of the clerk or clerks so designated, and to require and take\nsecurity for the faithful performance of the duties imposed by this\nsubdivision, and it shall be the duty of every officer into whose\npossession such property may come, to deliver the same forthwith to the\nperson so designated.\n  10. Where there has been a failure to comply with the provisions of\nthis section, and where the district attorney does not demonstrate to\nthe satisfaction of the court that such failure has not caused the\ndefendant prejudice, the court shall instruct the jury that it may\nconsider such failure in determining the weight to be given such\nevidence and may also impose any other sanction set forth in subdivision\none of section 245.80 of the criminal procedure law; provided, however,\nthat unless the defendant has convinced the court that such failure has\ncaused him undue prejudice, the court shall not preclude the district\nattorney from introducing into evidence the property, photographs,\nphotocopies, or other reproductions of the property or, where\nappropriate, testimony concerning its value and condition, where such\nevidence is otherwise properly authenticated and admissible under the\nrules of evidence. Failure to comply with any one or more of the\nprovisions of this section shall not for that reason alone be grounds\nfor dismissal of the accusatory instrument.\n  11. When a request for the release of stolen property is made pursuant\nto paragraph (a) of subdivision four of this section and the defendant\nis not represented by counsel the notice required pursuant to\nsubdivision one of this section shall be personally delivered to the\ndefendant and release of said property shall not occur for a period less\nthan five days: from (a) the delivery of such notice; or (b) in the case\nof delivery to such person in custody, from the first appearance before\nthe court, whichever is later.\n