N.Y. Penal Law § 165.74: Seizure and distribution or destruction of goods bearing counterfeit trademarks

§ 165.74 Seizure and distribution or destruction of goods bearing

counterfeit trademarks.

Any goods manufactured, sold, offered for sale, distributed or

produced in violation of this article may be seized by any police

officer. The magistrate must, within forty-eight hours after arraignment

of the defendant, determine whether probable cause exists to believe

that the goods had been manufactured, sold, offered for sale,

distributed or produced in violation of this article, and upon a finding

that probable cause exists to believe that the goods had been

manufactured, sold, offered for sale, distributed, or produced in

violation of this article, the court shall authorize such articles to be

retained as evidence pending the trial of the defendant. Upon conviction

of the defendant, the articles in respect whereof the defendant stands

convicted shall be destroyed or donated. Destruction shall not include

auction, sale or distribution of the items in their original form.

Donation of the items shall be made at the court's discretion upon the

request of any law enforcement agency and pursuant to the restrictions

and procedures of section three hundred sixty-m of the general business

law, for the benefit of indigent individuals.