N.Y. Civil Practice Law & Rules § 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.