N.Y. Penal Law § 480.35: Rebuttable presumption

§ 480.35 Rebuttable presumption.

1. In a criminal forfeiture proceeding commenced pursuant to this

article, the following rebuttable presumption shall apply: all currency

or negotiable instruments payable to the bearer shall be presumed to be

the proceeds of a felony offense when such currency or negotiable

instruments are (i) found in close proximity to a controlled substance

unlawfully possessed by the defendant in an amount sufficient to

constitute a violation of section 220.18 or 220.21 of the penal law, or

(ii) found in close proximity to any quantity of a controlled substance

or marihuana unlawfully possessed by such defendant in a room, other

than a public place, under circumstances evincing an intent to

unlawfully mix, compound, package, distribute or otherwise prepare for

sale such controlled substance or marihuana.

2. The presumption established by this section shall be rebutted by

credible and reliable evidence which tends to show that such currency or

negotiable instruments payable to the bearer is not the proceeds of a

felony offense. In an action tried before a jury, the jury shall be so

instructed. Any sworn testimony of a defendant offered to rebut the

presumption and any other evidence which is obtained as a result of such

testimony, shall be inadmissible in any subsequent proceeding relating

to the forfeiture action, or in any other civil or criminal action,

except in a prosecution for a violation of article two hundred ten of

this chapter. In an action tried before a jury, at the commencement of

the trial, or at such other time as the court reasonably directs, the

prosecutor shall provide notice to the court and to the defendant of its

intent to request that the court charge such presumption.