NY Penal L § 480.10 (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 480.10 - Procedure.

§ 480.10 Procedure.   1.  After the grand jury votes to file an indictment charging a person with a felony offense as that term is defined in section 480.00 of  this article,  it  may subsequently receive evidence that property is subject to forfeiture under this article. If such evidence is legally sufficient and provides reasonable cause to believe that such property  is  subject to  forfeiture  under  this  article, the grand jury shall file together with the indictment a  special  forfeiture  information  specifying  the property  for  which  forfeiture  is  sought  and containing a plain and concise factual statement which sets forth the basis for the forfeiture. Alternatively,  where  the  defendant  has  waived  indictment  and  has consented  to  be  prosecuted  for  a  felony  offense by superior court information pursuant to article one hundred ninety-five of the  criminal procedure  law,  the  prosecutor  may, in addition to the superior court information,  file  a  special  forfeiture  information  specifying  the property  for  which the forfeiture is sought and containing a plain and concise factual statement which sets forth the basis for the forfeiture.   2. At any time before entry of a plea of guilty to  an  indictment  or commencement  of  a trial thereof, the prosecutor may file a superseding special forfeiture information in the same court in accordance with  the provisions of subdivision one of this section. Upon the filing of such a superseding  forfeiture  information the court must, upon application of the defendant, order any adjournment of the proceedings  which  may,  by reason  of such superseding special forfeiture information, be necessary to accord the defendant adequate opportunity to prepare his  defense  of the forfeiture action.   3.  A  motion to inspect and reduce made pursuant to section 210.20 of the criminal procedure law may seek modification of a special forfeiture information dismissing a claim with respect  to  any  property  interest therein  where  the  court  finds the evidence before the grand jury was legally insufficient to support a claim against such interest.   4. The prosecutor shall promptly file a copy of the special forfeiture information, including the terms thereof, with  the  state  division  of criminal  justice  services  and  with  the local agency responsible for criminal justice planning. Failure to file such information shall not be grounds for any relief under this chapter.  The  prosecutor  shall  also report  such  demographic  data  as  required  by  the state division of criminal justice services when filing a copy of the  special  forfeiture information with the state division of criminal justice services.   5.  In  addition  to  information required to be disclosed pursuant to article two hundred forty-five  of  the  criminal  procedure  law,  when forfeiture  is  sought  pursuant  to  this  article,  and  following the defendant's arraignment on the special forfeiture information, the court shall order discovery of any information not otherwise  disclosed  which is  material  and  reasonably necessary for preparation by the defendant with respect  to  a  forfeiture  proceeding  brought  pursuant  to  this article.  Such  material  shall include those portions of the grand jury minutes and such other information which pertain solely to  the  special forfeiture  information and shall not include information which pertains to the criminal charges. Upon application of the prosecutor,  the  court may  issue a protective order pursuant to section 245.70 of the criminal procedure law with respect to any information required to  be  disclosed pursuant to this subdivision.   6.  (a)  Trial  of forfeiture counts by jury or by the court. Evidence which relates solely to the issue of forfeiture shall not  be  presented during  the  trial  on the underlying felony offense or specified felony offense, and the  defendant  shall  not  be  required  to  present  such evidence  prior to the verdict on such offense. A defendant who does not  present evidence in his  defense  with  respect  to  the  trial  of  the underlying  offense  is not precluded on account thereof from presenting evidence during the trial of the forfeiture count or counts.  (b)  Trial of forfeiture counts by the jury. After returning a verdict of guilty of a felony offense or specified felony offense, or where  the defendant  has  pled  guilty  to  a felony offense or a specified felony offense and has not waived a jury  trial  of  the  forfeiture  count  or counts  pursuant  to  article  three  hundred  twenty  of  the  criminal procedure law, the jury shall be given the  forfeiture  information  and shall  hear  any  additional  evidence  which  is  relevant  and legally admissible upon the forfeiture  count  or  counts.  After  hearing  such evidence,  the  jury  shall then deliberate upon the forfeiture count or counts, and based upon all the evidence admitted in connection with  the indictment or superior court information and the forfeiture information, may,  if satisfied by proof beyond a reasonable doubt that the property, or a portion thereof, is subject to forfeiture pursuant to this article, return a verdict directing that such property, or  portion  thereof,  is subject to forfeiture.  (c)  Trial  of  forfeiture  counts by the court. Where a defendant has waived a jury trial of  the  forfeiture  count  or  counts  pursuant  to article  three  hundred  twenty of the criminal procedure law, the court shall hear all evidence upon the  forfeiture  information  and  may,  if satisfied  by  proof  beyond  a reasonable doubt that the property, or a portion thereof, is subject to forfeiture under this article,  render  a verdict determining that such property, or a portion thereof, is subject to forfeiture under this article.  (d)  After  the  verdict of forfeiture, the court shall hear arguments and may receive additional evidence upon a motion of the defendant  that the  verdict of forfeiture (i) is against the weight of the evidence, or (ii) is,  with  respect  to  a  forfeiture  pursuant  to  this  article, disproportionate  to  the  defendant's  gain  from  the  offense, or the defendant's interest in the property, or the  defendant's  participation in  the conduct upon which the forfeiture is based. Upon such a finding, the court may in the interest of justice set  aside,  modify,  limit  or otherwise condition the verdict of forfeiture.   7.  A  final  judgment  or order of forfeiture issued pursuant to this article shall authorize the prosecutor to seize all property directed to be forfeited under this article upon such terms and  conditions  as  the court   deems  proper.  If  a  property  right  is  not  exercisable  or transferable for value by the prosecutor, it shall expire and shall  not revert to the convicted person.   8.  Where  the forfeited property consists of real property, the court may at any time prior  to  a  verdict  of  forfeiture,  enter  an  order pursuant to subdivision four-a of section thirteen hundred eleven of the civil practice law and rules.   9.  No  person  shall  forfeit  any  right,  title, or interest in any property under this article who has  not  been  convicted  of  a  felony offense  or  specified  felony  offense,  as the case may be. Any person claiming an interest in property subject to forfeiture may  institute  a special  proceeding  to determine that claim, before or after the trial, pursuant to section thirteen hundred twenty-seven of the civil  practice law  and  rules;  provided,  however, that if such special proceeding is initiated before trial on the forfeiture count or counts, it  may,  upon written  motion  of  the  prosecutor,  and in the court's discretion, be postponed by the court until completion of the trial. In  addition,  any person  claiming  an  interest  in  property  subject  to forfeiture may petition for remission as provided for in subdivision seven  of  section thirteen hundred eleven of the civil practice law and rules.    10.   Testimony   of  the  defendant  or  evidence  derived  therefrom introduced in the trial of the forfeiture count may not be used  by  the prosecution  in  any post-trial motion proceedings, appeals, or retrials relating to  the  defendant's  criminal  liability  for  the  underlying criminal  offense  unless  the defendant has previously referred to such evidence in such post-trial proceeding, appeal, or retrial  relating  to the  underlying  offense and the evidence is presented by the prosecutor in response thereto. Upon vacatur or reversal on appeal of a judgment of conviction upon which a verdict of forfeiture is based, any  verdict  of forfeiture  which is based upon such conviction shall also be vacated or reversed.