2023 New York Laws › PEN - Penal › Part 4 - Administrative Provisions › Title X - Organized Crime Control Act › Article 480 - Criminal Forfeiture - Felony Controlled Substance Offenses › 480.10 - 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.