2006 New York Code - 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.