2006 New York Code - 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.