N.Y. Penal Law § 480.05: Felony controlled substance offenses; forfeiture

§ 480.05 Felony controlled substance offenses; forfeiture.

1. When any person is convicted of a felony offense, the following

property is subject to forfeiture pursuant to this article:

(a) any property constituting the proceeds or substituted proceeds of

such offense, unless the forfeiture is disproportionate to the

defendant's gain from or participation in the offense, in which event

the trier of fact may direct forfeiture of a portion thereof; and

(b) any property constituting an instrumentality of such offense,

other than a real property instrumentality of a crime, unless such

forfeiture is disproportionate to the defendant's gain from or

participation in the offense, in which event the trier of fact may

direct forfeiture of a portion thereof.

2. When any person is convicted of a specified offense, the real

property instrumentality of such specified offense is subject to

forfeiture pursuant to this article, unless such forfeiture is

disproportionate to the defendant's gain from or participation in the

offense, in which event the trier of fact may direct forfeiture of a

portion thereof.

3. Property acquired in good faith by an attorney as payment for the

reasonable and bona fide fees of legal services or reimbursement of

reasonable and bona fide expenses related to the representation of a

defendant in connection with a civil or criminal forfeiture proceeding

or a related criminal matter, shall be exempt from a judgment of

forfeiture. For purposes of this subdivision, "bona fide" means that the

attorney who acquired such property had no reasonable basis to believe

that the fee transaction was a fraudulent or sham transaction designed

to shield property from forfeiture, hide its existence from governmental

investigative agencies, or was conducted for any purpose other than

legitimate.