2010 New York Code
EXC - Executive
Article 22 - (620 - 635) OFFICE OF VICTIM SERVICES
624 - Eligibility.

§ 624. Eligibility.  1.  Except as provided in subdivision two of this
  section, the following persons shall be eligible for awards pursuant  to
  this article:
    (a) a victim of a crime;
    (b)  a  surviving  spouse,  grandparent,  parent, stepparent, child or
  stepchild of a victim of a crime who died as a  direct  result  of  such
  crime;
    (c) any other person dependent for his principal support upon a victim
  of a crime who died as a direct result of such crime;
    (d)  any  person who has paid for or incurred the burial expenses of a
  victim who died as a direct result of such  crime,  except  such  person
  shall not be eligible to receive an award for other than burial expenses
  unless  otherwise  eligible  under  paragraph  (a),  (b)  or (c) of this
  subdivision;
    (e) an elderly victim of a crime;
    (f) a disabled victim of a crime;
    (g) a child victim of a crime;
    (h) a parent,  stepparent,  grandparent,  guardian,  brother,  sister,
  stepbrother or stepsister of a child victim of a crime;
    (i)  a  surviving  spouse  of  a crime victim who died from causes not
  directly related to the crime when such victim died prior  to  filing  a
  claim  with  the office or subsequent to filing a claim but prior to the
  rendering of a decision by the office. Such award shall  be  limited  to
  out-of-pocket loss incurred as a direct result of the crime; and
    (j)  a  spouse,  child  or  stepchild  of  a victim of a crime who has
  sustained personal physical injury as a direct result of a crime.
    2. A person who is criminally responsible for the crime upon  which  a
  claim  is based or an accomplice of such person shall not be eligible to
  receive an award with respect to such claim. A member of the family of a
  person criminally responsible for the crime upon which a claim is  based
  or  a  member  of  the  family of an accomplice of such person, shall be
  eligible to receive an award, unless the office determines  pursuant  to
  regulations promulgated to carry out the provisions and purposes of this
  article, that the person criminally responsible will receive substantial
  economic  benefit  or  unjust  enrichment from the compensation. In such
  circumstances the award may be reduced or structured in such way  as  to
  remove  the  substantial  economic  benefit or unjust enrichment to such
  person or the claim may be denied.