N.Y. Penal Law § 480.00: Definitions

§ 480.00 Definitions.

The following definitions are applicable to this article.

1. "Felony offense" means only a felony defined in article two hundred

twenty of this chapter, or an attempt or conspiracy to commit any such

felony, provided such attempt or conspiracy is punishable as a felony,

or solicitation of any such felony provided such solicitation is

punishable as a felony.

2. "Property" means real property, personal property, money,

negotiable instruments, securities, or anything of value or an interest

in a thing of value.

3. "Proceeds" means any property obtained by a defendant through the

commission of a felony controlled substance offense, and includes any

appreciation in value of such property.

4. "Substituted proceeds" means any property obtained by a defendant

by the sale or exchange of proceeds of a felony controlled substance

offense, and any gain realized by such sale or exchange.

5. "Instrumentality of a felony controlled substance offense" 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 felony controlled substance

offense.

6. "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.

7. "Specified felony offense" means:

(a) a conviction of a person for a violation of section 220.18,

220.21, 220.41, 220.43, or 220.77 of this chapter, 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, 220.43, or

220.77 of this chapter, 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) three or more violations of any of the felonies defined in section

220.09, 220.16, 220.18, 220.21, 220.31, 220.34, 220.39, 220.41, 220.43

or 220.77 of this chapter, 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 this chapter, 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.