2006 New York Code - Procedure.

 
  § 480.10 Procedure.
    1.  After the grand jury votes to file an indictment charging a person
  with a felony offense as that term is defined in section 480.00 of  this
  article,  it  may subsequently receive evidence that property is subject
  to forfeiture under this article. If such evidence is legally sufficient
  and provides reasonable cause to believe that such property  is  subject
  to  forfeiture  under  this  article, the grand jury shall file together
  with the indictment a  special  forfeiture  information  specifying  the
  property  for  which  forfeiture  is  sought  and containing a plain and
  concise factual statement which sets forth the basis for the forfeiture.
  Alternatively,  where  the  defendant  has  waived  indictment  and  has
  consented  to  be  prosecuted  for  a  felony  offense by superior court
  information pursuant to article one hundred ninety-five of the  criminal
  procedure  law,  the  prosecutor  may, in addition to the superior court
  information,  file  a  special  forfeiture  information  specifying  the
  property  for  which the forfeiture is sought and containing a plain and
  concise factual statement which sets forth the basis for the forfeiture.
    2. At any time before entry of a plea of guilty to  an  indictment  or
  commencement  of  a trial thereof, the prosecutor may file a superseding
  special forfeiture information in the same court in accordance with  the
  provisions of subdivision one of this section. Upon the filing of such a
  superseding  forfeiture  information the court must, upon application of
  the defendant, order any adjournment of the proceedings  which  may,  by
  reason  of such superseding special forfeiture information, be necessary
  to accord the defendant adequate opportunity to prepare his  defense  of
  the forfeiture action.
    3.  A  motion to inspect and reduce made pursuant to section 210.20 of
  the criminal procedure law may seek modification of a special forfeiture
  information dismissing a claim with respect  to  any  property  interest
  therein  where  the  court  finds the evidence before the grand jury was
  legally insufficient to support a claim against such interest.
    4. The prosecutor shall promptly file a copy of the special forfeiture
  information, including the terms thereof, with  the  state  division  of
  criminal  justice  services  and  with  the local agency responsible for
  criminal justice planning. Failure to file such information shall not be
  grounds for any relief under this chapter.
    5. In addition to information required to  be  disclosed  pursuant  to
  article two hundred forty of the criminal procedure law, when forfeiture
  is  sought  pursuant  to  this  article,  and  following the defendant's
  arraignment on the special forfeiture information, the court shall order
  discovery of any information not otherwise disclosed which  is  material
  and  reasonably  necessary for preparation by the defendant with respect
  to a forfeiture  proceeding  brought  pursuant  to  this  article.  Such
  material shall include those portions of the grand jury minutes and such
  other  information  which  pertain  solely  to  the  special  forfeiture
  information and shall not include  information  which  pertains  to  the
  criminal  charges.  Upon  application  of  the prosecutor, the court may
  issue a protective order pursuant to  section  240.40  of  the  criminal
  procedure  law  with respect to any information required to be disclosed
  pursuant to this subdivision.
    6. (a) Trial of forfeiture counts by jury or by  the  court.  Evidence
  which  relates  solely to the issue of forfeiture shall not be presented
  during the trial on the underlying felony offense  or  specified  felony
  offense,  and  the  defendant  shall  not  be  required  to present such
  evidence prior to the verdict on such offense. A defendant who does  not
  present  evidence  in  his  defense  with  respect  to  the trial of the
  underlying offense is not precluded on account thereof  from  presenting
  evidence during the trial of the forfeiture count or counts.
    (b)  Trial of forfeiture counts by the jury. After returning a verdict
  of guilty of a felony offense or specified felony offense, or where  the
  defendant  has  pled  guilty  to  a felony offense or a specified felony
  offense and has not waived a jury  trial  of  the  forfeiture  count  or
  counts  pursuant  to  article  three  hundred  twenty  of  the  criminal
  procedure law, the jury shall be given the  forfeiture  information  and
  shall  hear  any  additional  evidence  which  is  relevant  and legally
  admissible upon the forfeiture count or  counts.    After  hearing  such
  evidence,  the  jury  shall then deliberate upon the forfeiture count or
  counts, and based upon all the evidence admitted in connection with  the
  indictment or superior court information and the forfeiture information,
  may,  if satisfied by proof beyond a reasonable doubt that the property,
  or a portion thereof, is subject to forfeiture pursuant to this article,
  return a verdict directing that such property, or  portion  thereof,  is
  subject to forfeiture.
    (c)  Trial  of  forfeiture  counts by the court. Where a defendant has
  waived a jury trial of  the  forfeiture  count  or  counts  pursuant  to
  article  three  hundred  twenty of the criminal procedure law, the court
  shall hear all evidence upon the  forfeiture  information  and  may,  if
  satisfied  by  proof  beyond  a reasonable doubt that the property, or a
  portion thereof, is subject to forfeiture under this article,  render  a
  verdict determining that such property, or a portion thereof, is subject
  to forfeiture under this article.
    (d)  After  the  verdict of forfeiture, the court shall hear arguments
  and may receive additional evidence upon a motion of the defendant  that
  the  verdict of forfeiture (i) is against the weight of the evidence, or
  (ii) is,  with  respect  to  a  forfeiture  pursuant  to  this  article,
  disproportionate  to  the  defendant's  gain  from  the  offense, or the
  defendant's interest in the property, or the  defendant's  participation
  in  the conduct upon which the forfeiture is based. Upon such a finding,
  the court may in the interest of justice set  aside,  modify,  limit  or
  otherwise condition the verdict of forfeiture.
    7.  A  final  judgment  or order of forfeiture issued pursuant to this
  article shall authorize the prosecutor to seize all property directed to
  be forfeited under this article upon such terms and  conditions  as  the
  court   deems  proper.  If  a  property  right  is  not  exercisable  or
  transferable for value by the prosecutor, it shall expire and shall  not
  revert to the convicted person.
    8.  Where  the forfeited property consists of real property, the court
  may at any time prior  to  a  verdict  of  forfeiture,  enter  an  order
  pursuant to subdivision four-a of section thirteen hundred eleven of the
  civil practice law and rules.
    9.  No  person  shall  forfeit  any  right,  title, or interest in any
  property under this article who has  not  been  convicted  of  a  felony
  offense  or  specified  felony  offense,  as the case may be. Any person
  claiming an interest in property subject to forfeiture may  institute  a
  special  proceeding  to determine that claim, before or after the trial,
  pursuant to section thirteen hundred twenty-seven of the civil  practice
  law  and  rules;  provided,  however, that if such special proceeding is
  initiated before trial on the forfeiture count or counts, it  may,  upon
  written  motion  of  the  prosecutor,  and in the court's discretion, be
  postponed by the court until completion of the trial. In  addition,  any
  person  claiming  an  interest  in  property  subject  to forfeiture may
  petition for remission as provided for in subdivision seven  of  section
  thirteen hundred eleven of the civil practice law and rules.
    10.   Testimony   of  the  defendant  or  evidence  derived  therefrom
  introduced in the trial of the forfeiture count may not be used  by  the
  prosecution  in  any post-trial motion proceedings, appeals, or retrials
  relating to  the  defendant's  criminal  liability  for  the  underlying
  criminal  offense  unless  the defendant has previously referred to such
  evidence in such post-trial proceeding, appeal, or retrial  relating  to
  the  underlying  offense and the evidence is presented by the prosecutor
  in response thereto. Upon vacatur or reversal on appeal of a judgment of
  conviction upon which a verdict of forfeiture is based, any  verdict  of
  forfeiture  which is based upon such conviction shall also be vacated or
  reversed.