2023 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.