S 420.00 Seizure and destruction of unauthorized recordings. Any article produced in violation of article two hundred seventy-five of this chapter may be seized by any police officer upon the arrest of any individual in possession of same. Upon final determination of the charges, the court shall, upon proper notice by the district attorney or representative of the crime victim or victims, after prior notice to the district attorney and custodian of the seized property, enter an order preserving any goods manufactured, sold, offered for sale, distributed or produced in violation of this article, as evidence for use in other cases, including a civil action. This notice must be received within thirty days of final determination of the charges. The cost of storage, security, and destruction of goods so ordered for preservation and use as evidence in a civil action, other than a civil action under article thirteen-A of the civil practice law and rules initiated by the district attorney, shall be paid by the party seeking preservation of the evidence for a civil action. If no such order is entered within the thirty day period, the district attorney or custodian of the seized property must cause such articles to be destroyed. Destruction shall not include auction, sale, or distribution of the items in their original form. S 420.05 Seizure and forfeiture of equipment used in the production of unauthorized recordings. 1. Any police officer of this state may seize any equipment, or components, used in the manufacture or production of unauthorized recordings and may seize any vehicle or other means of transportation, other than a vehicle or means of transportation used by any person as a common carrier in the transaction of business as such common carrier, used in the distribution of such unauthorized recordings and such equipment or vehicle or other means of transportation shall be subject to forfeiture as provided in this section. 2. The seized property shall be delivered by the police officer having made the seizure to the custody of the district attorney of the county wherein the seizure was made, except that in the cities of New York, Yonkers and Buffalo, the seized property shall be delivered to the custody of the police department of such cities, together with a report of all the facts and circumstances of the seizure. 3. It shall be the duty of the district attorney of the county wherein the seizure was made, if elsewhere than in the city of New York, Yonkers or Buffalo, and where the seizure is made in either such city, it shall be the duty of the corporation counsel of the city, to inquire into the facts of the seizure so reported to him and if it appears probable that a forfeiture has been incurred for the determination of which the institution of proceedings in the supreme court is necessary, to cause the proper proceedings to be commenced and prosecuted, at any time after thirty days from the date of seizure, to declare such forfeiture, unless, upon inquiry and examination such district attorney or corporation counsel decides that such proceedings cannot probably be sustained or that the ends of public justice do not require that they should be instituted or prosecuted, in which case, the district attorney or corporation counsel shall cause such seized property to be returned to the owner thereof. 4. Notice of the institution of the forfeiture proceeding shall be served either: (a) personally on the owners of the seized property; or (b) by registered mail to the owners` last known address and by publication of the notice once a week for two successive weeks in a newspaper published or circulated in the county wherein the seizure was made. 5. Forfeiture shall not be adjudged where the owners established by preponderance of the evidence that: (a) the use of such seized property was not intentional on the part of any owner; or (b) said seized property was used by any person other than an owner thereof, while such seized property was unlawfully in the possession of a person who acquired possession thereof in violation of the criminal laws of the United States, or of any state. 6. The district attorney or the police department having custody of the seized property, after such judicial determination of forfeiture, shall, by a public notice of at least five days, sell such forfeited property at public sale. The net proceeds of any such sale, after deduction of the lawful expenses incurred, shall be paid into the general fund of the county wherein the seizure was made except that the net proceeds of the sale of property seized in the cities of New York, Yonkers and Buffalo shall be paid into the respective general funds of such cities. 7. Whenever any person interested in any property which is seized and declared forfeited under the provisions of this section files with a justice of the supreme court a petition for the recovery of such forfeited property, the justice of the supreme court may restore said forfeited property upon such terms and conditions as he deems reasonable and just, if the petitioner establishes either of the affirmative defenses set forth in subdivision five of this section and that the petitioner was without personal or actual knowledge of the forfeiture proceeding. If the petition be filed after the sale of the forfeited property, any judgment in favor of the petitioner shall be limited to the net proceeds of such sale, after deduction of the lawful expenses and costs incurred by the district attorney, police department or corporation counsel. 8. No suit or action under this section for wrongful seizure shall be instituted unless such suit or action is commenced within two years after the time when the property was seized. Top of Page
Disclaimer: While every effort has been made to ensure that the information contained in this site is accurate and current, readers should consult with a qualified attorney before acting on any such information. No liability is assumed by this website for any losses suffered directly or indirectly by any person relying on the information because its accuracy or completeness cannot be guaranteed.