2023 New York Laws › CVP - Civil Practice Law and Rules › Article 13-A - Proceeds of a Crime-Forfeiture › 1310 - Definitions.

§ 1310. Definitions. In this article:
1.  "Property"  means  and includes: real property, personal property,
money, negotiable instruments, securities, or any thing of value or  any
interest in a thing of value.
2.  "Proceeds  of  a  crime"  means  any property obtained through the
commission of a felony  crime  defined  in  subdivisions  five  and  six
hereof, and includes any appreciation in value of such property.
3.  "Substituted  proceeds  of a crime" means any property obtained by
the sale or exchange of proceeds of a crime, and any  gain  realized  by
such sale or exchange.
4.  "Instrumentality  of  a crime" 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 crime defined in subdivisions five and six hereof.
4-a.  "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.
4-b. "Specified felony offense" means:
(a)  a  conviction  of  a  person  for  a violation of section 220.18,
220.21, 220.41, or 220.43 of the penal  law,  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, or 220.43 of the penal law,
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)  on  three  or  more occasions, engaging in conduct constituting a
violation of any of the felonies  defined  in  section  220.09,  220.16,
220.18,  220.21,  220.31,  220.34, 220.39, 220.41 or 220.43 of the penal
law, 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 the  penal  law,  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.
5.  "Post-conviction forfeiture crime" means any felony defined in the
penal law or any other chapter of the consolidated laws of the state.
7. "Court" means a superior court.
8. "Defendant" means a person against  whom  a  forfeiture  action  is
commenced  and  includes  a  "criminal  defendant"  and  a "non-criminal
defendant".
9. "Criminal defendant" means a person who has criminal liability  for
a  crime  defined  in  subdivision five of this section. For purposes of

this article, a person has criminal liability when he has been convicted
of a post-conviction forfeiture crime.
10.  "Non-criminal  defendant"  means  a person, other than a criminal
defendant, who possesses an interest in the proceeds  of  a  crime,  the
substituted proceeds of a crime or an instrumentality of a crime.
11.   "Claiming   authority"   means   the  district  attorney  having
jurisdiction over the offense or the attorney  general  for  purpose  of
those crimes for which the attorney general has criminal jurisdiction in
a  case  where  the  underlying criminal charge has been, is being or is
about to  be  brought  by  the  attorney  general,  or  the  appropriate
corporation  counsel  or  county attorney, provided that the corporation
counsel or county attorney may act as a claiming authority only with the
consent  of  the  district  attorney  or  the   attorney   general,   as
appropriate.
12.  "Claiming agent" means and shall include all persons described in
subdivision thirty-four of section 1.20 of the criminal  procedure  law,
and  sheriffs,  undersheriffs and deputy sheriffs of counties within the
city of New York.
13.  "Fair  consideration"  means  fair  consideration  is  given  for
property,  or  obligation,  (a)  when  in exchange for such property, or
obligation, as a fair equivalent therefor, and in good  faith,  property
is  conveyed  or  an  antecedent  debt  is  satisfied,  or (b) when such
property, or obligation is received in good faith to  secure  a  present
advance  or  antecedent  debt  in amount not disproportionately small as
compared with the value of the property, or obligation obtained.
14. "District attorney" means and shall include all persons  described
in  subdivision thirty-two of section 1.20 of the criminal procedure law
and the special assistant district attorney in charge of the  office  of
prosecution, special narcotics courts of the city of New York.