N.Y. CPL Law § 420.45 — New York Code / Act CPL / Part 2 / Title L / Article 420 / Section 420.45
Post-trial motion relating to certain instruments affecting residential real property
Status: in_force

§ 420.45 Post-trial motion relating to certain instruments affecting\n           residential real property.\n  1. When a defendant has been convicted after a trial or pled guilty to\nany crime that affects the title to, encumbrance of, or the possession\nof, real property and where there is an instrument that is material to\nsuch encumbrance, transfer or purchase of said real property, the\ndistrict attorney, the attorney general, or any law enforcement agency\nmay file a motion in the supreme court in the county where the property\nthat is the subject of the instrument is located or the prosecution\noccurred on behalf of the victim to void said instrument. Such motion\nmust be in writing and state the county or borough, if in the city of\nNew York, and block, lot, street address of such property, and a\ndescription of such property, and include a copy of the judgment of\nconviction. Notice must be given to all persons who have an interest in\nthe property.\n  2. Within ten days after filing a motion pursuant to subdivision one\nof this section, the agency filing the motion shall record a copy of the\nnotice of motion in the office of the clerk of the county in which the\nproperty is situated. The notice shall be indexed by the clerk in the\nmanner prescribed by subdivision (c) of rule sixty-five hundred eleven\nof the civil practice law and rules for a notice of pendency of action\nand shall have the same effect as such notice.\n  3. The supreme court must conduct a hearing and make findings of fact\nessential to the determination whether to declare the instrument\ndescribed in subdivision one of this section void ab initio. There will\nbe a rebuttable presumption that where a party is convicted after a\ntrial or a guilty plea to any crime that affects the title to,\nencumbrance of, or the possession of, real property and where there is\nan instrument that encumbers or is material to the transfer or sale of\nreal property, that such instrument is void ab initio.\n  4. Upon the defendant's conviction of or guilty plea as described in\nsubdivision one of this section, and after conducting a hearing pursuant\nto subdivision three of this section, a court shall make a determination\nand if appropriate shall order that the instrument described in\nsubdivision one of this section be declared void ab initio or grant\nother appropriate relief to the victim. The order of the court shall\ndescribe the nature of the false statement or false information\ncontained in such instrument. A copy of such instrument shall be\nattached to the order of the court.\n  5. If the order relates to an instrument that has been filed with,\nregistered, or recorded in a public office, a certified copy of such\norder shall be recorded in the office of the recording officer of the\ncounty in which such property is situated.\n  6. For purposes of this section, "all persons who have an interest in\nthe property affected by such instrument" shall mean all parties who\nhave recorded an instrument affecting the real property that is the\nsubject of the instrument described in subdivision one of this section,\nany last record owner and anyone in residence during the pendency of the\nprosecution and any party with a lien against the property that is\nunsatisfied, or any other party that may claim to have liens or an\ninterest in the property, and any current residents of the property, as\nof the date of the filing of the criminal information or indictment.\n  7. Nothing in this section shall be deemed to inhibit or prevent (a)\nrelief otherwise provided by law, or (b) a party's right to appeal such\norder.\n