N.Y. Criminal Procedure Law § 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.