NY CPLR § 1310 (2021)
2021 New York Laws CVP - Civil Practice Law and Rules Article 13-A - Proceeds of a Crime-Forfeiture 1310 - Definitions.

§ 1310. Definitions. In this article:   1.  "Property"  means  and includes: real property, personal property, money, negotiable instruments, securities, or any thing of value or  any interest in a thing of value.   2.  "Proceeds  of  a  crime"  means  any property obtained through the commission of a felony  crime  defined  in  subdivisions  five  and  six hereof, and includes any appreciation in value of such property.   3.  "Substituted  proceeds  of a crime" means any property obtained by the sale or exchange of proceeds of a crime, and any  gain  realized  by such sale or exchange.   4.  "Instrumentality  of  a crime" means any property, other than real property and any buildings, fixtures,  appurtenances,  and  improvements thereon, whose use contributes directly and materially to the commission of a crime defined in subdivisions five and six hereof.   4-a.  "Real  property instrumentality of a crime" means an interest in real property the use of which contributes directly  and  materially  to the commission of a specified felony offense.   4-b. "Specified felony offense" means:  (a)  a  conviction  of  a  person  for  a violation of section 220.18, 220.21, 220.41, or 220.43 of the penal  law,  or  where  the  accusatory instrument  charges one or more of such offenses, conviction upon a plea of guilty to any of the  felonies  for  which  such  plea  is  otherwise authorized by law or a conviction of a person for conspiracy to commit a violation of section 220.18, 220.21, 220.41, or 220.43 of the penal law, where  the  controlled substances which are the object of the conspiracy are located in the real property which is the subject of the  forfeiture action; or  (b)  on  three  or  more occasions, engaging in conduct constituting a violation of any of the felonies  defined  in  section  220.09,  220.16, 220.18,  220.21,  220.31,  220.34, 220.39, 220.41 or 220.43 of the penal law, which violations do not constitute a  single  criminal  offense  as defined  in  subdivision  one of section 40.10 of the criminal procedure law, or a single criminal transaction, as defined in  paragraph  (a)  of subdivision  two  of section 40.10 of the criminal procedure law, and at least one of which resulted in a conviction of such  offense,  or  where the  accusatory  instrument  charges  one  or  more  of  such  felonies, conviction upon a plea of guilty to a felony  for  which  such  plea  is otherwise authorized by law; or  (c)  a  conviction  of  a  person  for  a violation of section 220.09, 220.16, 220.34 or 220.39 of the  penal  law,  or  where  the  accusatory instrument  charges any such felony, conviction upon a plea of guilty to a felony for which the plea is otherwise  authorized  by  law,  together with evidence which: (i) provides substantial indicia that the defendant used  the  real  property  to  engage  in a continual, ongoing course of conduct  involving  the  unlawful  mixing,  compounding,  manufacturing, warehousing, or packaging of controlled substances as part of an illegal trade  or  business for gain; and (ii) establishes, where the conviction is for possession of a controlled substance, that  such  possession  was with the intent to sell it.   5.  "Post-conviction forfeiture crime" means any felony defined in the penal law or any other chapter of the consolidated laws of the state.   7. "Court" means a superior court.   8. "Defendant" means a person against  whom  a  forfeiture  action  is commenced  and  includes  a  "criminal  defendant"  and  a "non-criminal defendant".   9. "Criminal defendant" means a person who has criminal liability  for a  crime  defined  in  subdivision five of this section. For purposes of  this article, a person has criminal liability when he has been convicted of a post-conviction forfeiture crime.   10.  "Non-criminal  defendant"  means  a person, other than a criminal defendant, who possesses an interest in the proceeds  of  a  crime,  the substituted proceeds of a crime or an instrumentality of a crime.   11.   "Claiming   authority"   means   the  district  attorney  having jurisdiction over the offense or the attorney  general  for  purpose  of those crimes for which the attorney general has criminal jurisdiction in a  case  where  the  underlying criminal charge has been, is being or is about to  be  brought  by  the  attorney  general,  or  the  appropriate corporation  counsel  or  county attorney, provided that the corporation counsel or county attorney may act as a claiming authority only with the consent  of  the  district  attorney  or  the   attorney   general,   as appropriate.   12.  "Claiming agent" means and shall include all persons described in subdivision thirty-four of section 1.20 of the criminal  procedure  law, and  sheriffs,  undersheriffs and deputy sheriffs of counties within the city of New York.   13.  "Fair  consideration"  means  fair  consideration  is  given  for property,  or  obligation,  (a)  when  in exchange for such property, or obligation, as a fair equivalent therefor, and in good  faith,  property is  conveyed  or  an  antecedent  debt  is  satisfied,  or (b) when such property, or obligation is received in good faith to  secure  a  present advance  or  antecedent  debt  in amount not disproportionately small as compared with the value of the property, or obligation obtained.   14. "District attorney" means and shall include all persons  described in  subdivision thirty-two of section 1.20 of the criminal procedure law and the special assistant district attorney in charge of the  office  of prosecution, special narcotics courts of the city of New York.