NY Penal L § 450.10 (2021)
2021 New York Laws PEN - Penal Part 4 - Administrative Provisions Title W - Provisions Relating to Firearms, Fireworks, Pornography Equipment and Vehicles Used in the Transportation of Gambling Records Article 450 - Disposal of Stolen Property 450.10 - Disposal of Stolen Property.

§ 450.10 Disposal of stolen property.   1.  When  property, other than contraband including but not limited to those items subject to the provisions of sections 410.00, 415.00, 420.00 and 420.05 of this chapter, alleged  to  have  been  stolen  is  in  the custody  of a police officer, a peace officer or a district attorney and a request for its release is  made  prior  to  or  during  the  criminal proceeding,  it  may  not be released except as provided in subdivisions two, three and four of this section. When a  request  is  made  for  the return  of stolen property under this section, the police officer, peace officer or district attorney in possession of such property must provide written notice to the defendant or his counsel of such request  as  soon as practicable. Such notice shall advise the defendant or his counsel of the date on which the property will be released and the name and address of  a  person  with  whom  arrangements can be made for the examination, testing, photographing,  photocopying  or  other  reproduction  of  said property.   2.  Both  the  defendant's counsel and the prosecutor thereafter shall make a diligent effort to examine, test  and  photograph,  photocopy  or otherwise  reproduce  the  property. Either party may apply to the court for an  extension  of  any  period  allowed  for  examination,  testing, photographing,  photocopying  or otherwise reproducing the property. For good cause shown the court may order retention of the property  for  use as  evidence by either party. Unless extended by a court order sought by either party on notice to the other, the property shall be  released  no later  than  the  time  periods  for retention set forth in subdivisions three and four of this section to the person making such  request  after satisfactory  proof  of  such  person's  entitlement  to  the possession thereof. Unless a court, upon applicaton of either party with notice  to the  other, orders otherwise, the release of property in accordance with the provisions of this section shall be unconditional.   3. Except as provided in subdivision four  of  this  section,  when  a request is made for the release of property described in subdivision one of  this  section,  the  property  shall  be  retained  until either the expiration of a fifteen day period from receipt by the defendant or  his counsel  of  the  notice  of the request, or the examination testing and photographing, photocopying or other reproduction of such  property,  by the parties, whichever event occurs first. The fifteen day period may be extended by up to five additional days by agreement between the parties.   4.  (a)  Except  as  provided  in  paragraphs  (b)  and  (c)  of  this subdivision and in subdivision eleven of this section, when a request is made for the release of property described in subdivision  one  of  this section,  and the property shall consist of perishables, fungible retail items, motor  vehicles  or  any  other  property  release  of  which  is necessary  for  either  the  operation  of  a  business or the health or welfare of any person, the property shall be retained until  either  the expiration  of  a  forty-eight  hour  period  from  the  receipt  by the defendant's counsel of the notice of the request,  or  the  examination, testing  and  photocopying,  photographing or other reproduction of such property, by the parties whichever event occurs first.  The  forty-eight hour  period  may  be  extended by up to twenty-four additional hours by agreement between  the  parties.  For  the  purposes  of  this  section, perishables shall mean any property likely to spoil or decay or diminish significantly  in  value  within twenty days of the initial retention of the property.  (b) If, upon oral or written application by the district attorney with notice to  the  defendant  or  his  counsel,  a  court  determines  that immediate  release  of  property  described  in  paragraph  (a)  of this subdivision is required under the  attendant  circumstances,  the  court  shall  issue an order releasing the property and, if requested by either party, setting, as a part of such order, any  condition  appropriate  in the furtherance of justice.  (c)  A  motor  vehicle  alleged to have been stolen but not alleged to have been used in connection with  any  crime  or  criminal  transaction other  than the theft or unlawful use of said motor vehicle, which is in the custody of a police officer, a peace officer or a district attorney, may be released expeditiously to its registered  owner  or  the  owner's representative  without  prior  notice  to  the  defendant.  Before such release, evidentiary photographs shall be taken of such  motor  vehicle. Such  photographs  shall  include  the  vehicle  identification  number, registration on windshield, license plates, each side  of  the  vehicle, including  vent  windows,  door locks and handles, the front and back of the vehicle, the interior of the vehicle, including ignition lock,  seat to floor clearance, center console, radio receptacle and dashboard area, the  motor,  and any other interior or exterior surfaces showing any and all damage to the vehicle. Notice of such release, and  the  photographs taken  of  said  vehicle,  shall  be  furnished  to the defendant within fifteen days after arraignment or after  counsel  initially  appears  on behalf of the defendant or respondent, whichever occurs later.   5.  If  stolen  property  comes  into the custody of a court, it must, unless  temporary  retention  be  deemed  necessary  in  furtherance  of justice,  be delivered to the owner, on satisfactory proof of his title, and on his paying the necessary expenses incurred in  its  preservation, to be certified by the court.   6.  If  stolen property has not been delivered to the owner, the court before which a trial is had for stealing it, may, on proof of his title, order it to be restored to the owner.   7. If stolen  property  is  not  claimed  by  the  owner,  before  the expiration  of  six  months from the conviction of a person for stealing it, the court or other officer having it in custody must, on payment  of the  necessary  expenses incurred in its preservation, deliver it to the county commissioner of social services, or in the city of New  York,  to the  commissioner  of  social services, to be applied for the benefit of the poor of the county or city, as the case may be.   8. Except in the city of New York, when money  or  other  property  is taken  from  a  defendant,  arrested  upon  a  charge of an offense, the officer taking it must, at the time, give duplicate  receipts  therefor, specifying  particularly  the  amount  of  property  taken, one of which receipts he must deliver to the defendant, and the  other  of  which  he must  forthwith  file  with  the  court  in which the criminal action is pending.   9. The commissioners of police of the city of New York  may  designate some  person  to  take  charge of all property alleged to be stolen, and which may be brought into the police office, and all property taken from the person of a prisoner, and may prescribe regulations in regard to the duties of the clerk or clerks so designated, and  to  require  and  take security  for  the  faithful  performance  of the duties imposed by this subdivision, and it shall be  the  duty  of  every  officer  into  whose possession  such property may come, to deliver the same forthwith to the person so designated.   10. Where there has been a failure to comply with  the  provisions  of this  section,  and  where the district attorney does not demonstrate to the satisfaction of the court that  such  failure  has  not  caused  the defendant  prejudice,  the  court  shall  instruct  the jury that it may consider such failure  in  determining  the  weight  to  be  given  such evidence and may also impose any other sanction set forth in subdivision one  of section 245.80 of the criminal procedure law; provided, however,  that unless the defendant has convinced the court that such failure  has caused  him  undue  prejudice, the court shall not preclude the district attorney from  introducing  into  evidence  the  property,  photographs, photocopies,   or   other   reproductions  of  the  property  or,  where appropriate, testimony concerning its value and  condition,  where  such evidence  is  otherwise  properly authenticated and admissible under the rules of evidence. Failure to  comply  with  any  one  or  more  of  the provisions  of  this  section shall not for that reason alone be grounds for dismissal of the accusatory instrument.   11. When a request for the release of stolen property is made pursuant to paragraph (a) of subdivision four of this section and  the  defendant is   not   represented  by  counsel  the  notice  required  pursuant  to subdivision one of this section shall be  personally  delivered  to  the defendant and release of said property shall not occur for a period less than five days: from (a) the delivery of such notice; or (b) in the case of  delivery to such person in custody, from the first appearance before the court, whichever is later.