2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title L - Sentence › Article 420 - Fines, Restitution and Reparation › 420.45 - Post-Trial Motion Relating to Certain Instruments Affecting Residential Real Property.

§ 420.45 Post-trial  motion  relating  to  certain instruments affecting
residential real property.
1. When a defendant has been convicted after a trial or pled guilty to
  any crime that affects the title to, encumbrance of, or  the  possession
  of,  real  property and where there is an instrument that is material to
  such encumbrance, transfer  or  purchase  of  said  real  property,  the
  district  attorney,  the attorney general, or any law enforcement agency
  may file a motion in the supreme court in the county where the  property
  that  is  the  subject  of  the instrument is located or the prosecution
  occurred on behalf of the victim to void said  instrument.  Such  motion
  must  be  in  writing and state the county or borough, if in the city of
  New York, and block,  lot,  street  address  of  such  property,  and  a
  description  of  such  property,  and  include a copy of the judgment of
  conviction. Notice must be given to all persons who have an interest  in
  the property.
2.  Within  ten days after filing a motion pursuant to subdivision one
  of this section, the agency filing the motion shall record a copy of the
  notice of motion in the office of the clerk of the county in  which  the
  property  is  situated.  The notice shall be indexed by the clerk in the
  manner prescribed by subdivision (c) of rule sixty-five  hundred  eleven
  of  the  civil practice law and rules for a notice of pendency of action
  and shall have the same effect as such notice.
3. The supreme court must conduct a hearing and make findings of  fact
  essential  to  the  determination  whether  to  declare  the  instrument
  described in subdivision one of this section void ab initio. There  will
  be  a  rebuttable  presumption  that  where a party is convicted after a
  trial or a  guilty  plea  to  any  crime  that  affects  the  title  to,
  encumbrance  of,  or the possession of, real property and where there is
  an instrument that encumbers or is material to the transfer or  sale  of
  real property, that such instrument is void ab initio.
4.  Upon  the defendant's conviction of or guilty plea as described in
  subdivision one of this section, and after conducting a hearing pursuant
  to subdivision three of this section, a court shall make a determination
  and  if  appropriate  shall  order  that  the  instrument  described  in
  subdivision  one  of  this  section  be declared void ab initio or grant
  other appropriate relief to the victim. The order  of  the  court  shall
  describe  the  nature  of  the  false  statement  or  false  information
  contained in such  instrument.  A  copy  of  such  instrument  shall  be
  attached to the order of the court.
5.  If  the  order  relates to an instrument that has been filed with,
  registered, or recorded in a public office, a  certified  copy  of  such
  order  shall  be  recorded in the office of the recording officer of the
  county in which such property is situated.
6. For purposes of this section, "all persons who have an interest  in
  the  property  affected  by  such instrument" shall mean all parties who
  have recorded an instrument affecting the  real  property  that  is  the
  subject  of the instrument described in subdivision one of this section,
  any last record owner and anyone in residence during the pendency of the
  prosecution and any party with a  lien  against  the  property  that  is
  unsatisfied,  or  any  other  party  that  may claim to have liens or an
  interest in the property, and any current residents of the property,  as
  of the date of the filing of the criminal information or indictment.
7.  Nothing  in this section shall be deemed to inhibit or prevent (a)
  relief otherwise provided by law, or (b) a party's right to appeal  such
  order.