N.Y. Penal Law § 405.05: Seizure and destruction of fireworks

§ 405.05 Seizure and destruction of fireworks.

Fireworks possessed unlawfully may be seized by any peace officer,

acting pursuant to his special duties, or police officer, who must

deliver the same to the magistrate before whom the person arrested is

required to be taken. The magistrate must, upon the examination of the

defendant, or if such examination is delayed or prevented, without

awaiting such examination, determine whether the fireworks had been

possessed by the defendant in violation of the provisions of section

270.00; and if he finds that the fireworks had been so possessed by the

defendant, he must cause such fireworks to be destroyed, in a way safe

for the particular type of such fireworks, or to be delivered to the

district attorney of the county in which the defendant is liable to

indictment or trial, as the interests of justice and public safety may,

in his opinion, require. Upon the conviction of the defendant, the

district attorney must cause to be destroyed, in a way safe for the

particular type of such fireworks, the fireworks in respect whereof the

defendant stands convicted, and which remain in the possession or under

the control of the district attorney.