NY Penal L § 480.00 (2021)
2021 New York Laws PEN - Penal Part 4 - Administrative Provisions Title X - Organized Crime Control Act Article 480 - Criminal Forfeiture - Felony Controlled Substance Offenses 480.00 - Definitions.

§ 480.00 Definitions.   The following definitions are applicable to this article.   1. "Felony offense" means only a felony defined in article two hundred twenty  of  this chapter, or an attempt or conspiracy to commit any such felony, provided such attempt or conspiracy is punishable as  a  felony, or  solicitation  of  any  such  felony  provided  such  solicitation is punishable as a felony.   2.  "Property"  means  real  property,   personal   property,   money, negotiable  instruments, securities, or anything of value or an interest in a thing of value.   3. "Proceeds" means any property obtained by a defendant  through  the commission  of  a  felony controlled substance offense, and includes any appreciation in value of such property.   4. "Substituted proceeds" means any property obtained by  a  defendant by  the  sale  or  exchange of proceeds of a felony controlled substance offense, and any gain realized by such sale or exchange.   5. "Instrumentality of a felony controlled  substance  offense"  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  felony controlled substance offense.   6. "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.   7. "Specified felony offense" means:  (a) a conviction of a  person  for  a  violation  of  section  220.18, 220.21,  220.41,  220.43,  or  220.77  of  this  chapter,  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, 220.43, or 220.77 of this chapter, 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) three or more violations of any of the felonies defined in section 220.09, 220.16, 220.18, 220.21, 220.31, 220.34, 220.39,  220.41,  220.43 or  220.77  of this chapter, 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  this  chapter,  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.