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Article 415 - NY Penal Law

SEIZURE AND FORFEITURE OF VEHICLES, VESSELS AND AIRCRAFT USED TO TRANSPORT OR CONCEAL GAMBLING RECORDS

Section Description
415.00Seizure and forfeiture of vehicles, vessels and aircraft used to transport or conceal gambling records.
S 415.00 Seizure and forfeiture of vehicles, vessels and aircraft
               used to transport or conceal gambling records.
   1. It shall be unlawful to transport, carry,  convey  or  conceal  in,
  upon  or  by means of any vehicle, vessel or aircraft, with knowledge of
  the contents thereof, any writing, paper, instrument or article:
    (a) Of a kind commonly  used  in  the  operation  or  promotion  of  a
  bookmaking   scheme  or  enterprise,  and  constituting,  reflecting  or
  representing more than  five  bets  totaling  more  than  five  thousand
  dollars; or
    (b)  Of a kind commonly used in the operation, promotion or playing of
  a lottery or policy scheme or enterprise, and  constituting,  reflecting
  or representing more than five hundred plays or chances therein.
    2.  Any vehicle, vessel or aircraft which has been or is being used in
  violation of subdivision one by a person other than a bettor, player  or
  shareholder  whose  bets,  plays  or  shares are represented by all such
  writings, papers, instruments or articles, shall be seized by any  peace
  officer,  who  is  acting  pursuant  to  his  special  duties, or police
  officer, and forfeited as provided  in  this  section.    However,  such
  forfeiture and seizure provisions shall not apply to any vehicle, vessel
  or aircraft used by any person as a common carrier in the transaction of
  business as such common carrier.
    3.  The  seized  property  shall be delivered by the police officer or
  peace officer having made the seizure to the  custody  of  the  district
  attorney  of the county wherein the seizure was made, except that in the
  cities of New York, Yonkers and Buffalo, the seized  property  shall  be
  delivered  to  the  custody  of  the  police  department of such cities,
  together with a report  of  all  the  facts  and  circumstances  of  the
  seizure.
    4. It shall be the duty of the district attorney of the county wherein
  the  seizure  is  made,  if  elsewhere  than  in the cities of New York,
  Yonkers or Buffalo, and where the seizure is made in either such city it
  shall be the duty of the corporation counsel of  the  city,  to  inquire
  into  the  facts  of  the  seizure  so reported to him and if it appears
  probable that a forfeiture has been incurred by reason of a violation of
  this  section,  for  the  determination  of  which  the  institution  of
  proceedings  in  the  supreme  court  is  necessary, to cause the proper
  proceedings to be commenced and prosecuted, at  any  time  after  thirty
  days  from the date of seizure, to declare such forfeiture, unless, upon
  inquiry and examination, such district attorney or  corporation  counsel
  decides  that such proceedings can not probably be sustained or that the
  ends of public justice do not require that they should be instituted  or
  prosecuted,  in which case, the district attorney or corporation counsel
  shall cause such seized property to be returned to the owner thereof.
    5. Notice of the institution of the  forfeiture  proceeding  shall  be
  served  either  (a)  personally on the owners of the seized property, or
  (b) by registered  mail  to  the  owners'  last  known  address  and  by
  publication  of  the  notice  once  a week for two successive weeks in a
  newspaper published or circulated in the county wherein the seizure  was
  made.
    6.  Forfeiture  shall  not  be  adjudged where the owners establish by
  preponderance of the evidence that (a) the use of such seized  property,
  in  violation of subdivision one of this section, was not intentional on
  the part of any owner, or (b) said seized property was used in violation
  of subdivision one of this section by any person  other  than  an  owner
  thereof,  while such seized property was unlawfully in the possession of
  a person who acquired possession thereof in violation  of  the  criminal
  laws of the United States, or of any state.
    7.  The  district  attorney or the police department having custody of
  the seized property, after such judicial  determination  of  forfeiture,
  shall,  at  their discretion, either retain such seized property for the
  official use of their office or department, or, by a public notice of at
  least  five  days,  sell such forfeited property at public sale. The net
  proceeds of any such  sale,  after  deduction  of  the  lawful  expenses
  incurred,  shall be paid into the general fund of the county wherein the
  seizure was made except that the net proceeds of the  sale  of  property
  seized in the cities of New York, Yonkers and Buffalo shall be paid into
  the respective general funds of such cities.
    8.  Whenever any person interested in any property which is seized and
  declared forfeited under the provisions of this  section  files  with  a
  justice  of  the  supreme  court  a  petition  for  the recovery of such
  forfeited property, the justice of the supreme court  may  restore  said
  forfeited property upon such terms and conditions as he deems reasonable
  and  just,  if  the  petitioner  establishes  either  of the affirmative
  defenses set forth in subdivision six  of  this  section  and  that  the
  petitioner  was  without  personal or actual knowledge of the forfeiture
  proceeding. If the petition be filed after the  sale  of  the  forfeited
  property,  any  judgment  in favor of the petitioner shall be limited to
  the net proceeds of such sale after deduction of the lawful expenses and
  costs  incurred  by  the  district  attorney,   police   department   or
  corporation counsel.
    9.  No suit or action under this section for wrongful seizure shall be
  instituted unless such suit or action  is  commenced  within  two  years
  after the time when the property was seized.

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