N.Y. CPLR § 1310

NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only CPLR § 1310 Definitions § 1310. Definitions. In this article:1. "Property" means and includes: real property, personal property,money, negotiable instruments, securities, or any thing of value or anyinterest in a thing of value.2. "Proceeds of a crime" means any property obtained through thecommission of a felony crime defined in subdivisions five and sixhereof, and includes any appreciation in value of such property.3. "Substituted proceeds of a crime" means any property obtained bythe sale or exchange of proceeds of a crime, and any gain realized bysuch sale or exchange.4. "Instrumentality of a crime" means any property, other than realproperty and any buildings, fixtures, appurtenances, and improvementsthereon, whose use contributes directly and materially to the commissionof a crime defined in subdivisions five and six hereof.4-a. "Real property instrumentality of a crime" means an interest inreal property the use of which contributes directly and materially tothe commission of a specified felony offense.4-b. "Specified felony offense" means:(a) a conviction of a person for a violation of section 220.18,220.21, 220.41, or 220.43 of the penal law, or where the accusatoryinstrument charges one or more of such offenses, conviction upon a pleaof guilty to any of the felonies for which such plea is otherwiseauthorized by law or a conviction of a person for conspiracy to commit aviolation of section 220.18, 220.21, 220.41, or 220.43 of the penal law,where the controlled substances which are the object of the conspiracyare located in the real property which is the subject of the forfeitureaction; or(b) on three or more occasions, engaging in conduct constituting aviolation of any of the felonies defined in section 220.09, 220.16,220.18, 220.21, 220.31, 220 ct of the forfeitureaction; or(b) on three or more occasions, engaging in conduct constituting aviolation of any of the felonies defined in section 220.09, 220.16,220.18, 220.21, 220.31, 220.34, 220.39, 220.41 or 220.43 of the penallaw, which violations do not constitute a single criminal offense asdefined in subdivision one of section 40.10 of the criminal procedurelaw, or a single criminal transaction, as defined in paragraph (a) ofsubdivision two of section 40.10 of the criminal procedure law, and atleast one of which resulted in a conviction of such offense, or wherethe accusatory instrument charges one or more of such felonies,conviction upon a plea of guilty to a felony for which such plea isotherwise authorized by law; or(c) a conviction of a person for a violation of section 220.09,220.16, 220.34 or 220.39 of the penal law, or where the accusatoryinstrument charges any such felony, conviction upon a plea of guilty toa felony for which the plea is otherwise authorized by law, togetherwith evidence which: (i) provides substantial indicia that the defendantused the real property to engage in a continual, ongoing course ofconduct involving the unlawful mixing, compounding, manufacturing,warehousing, or packaging of controlled substances as part of an illegaltrade or business for gain; and (ii) establishes, where the convictionis for possession of a controlled substance, that such possession waswith the intent to sell it.5. "Post-conviction forfeiture crime" means any felony defined in thepenal law or any other chapter of the consolidated laws of the state.7. "Court" means a superior court.8. "Defendant" means a person against whom a forfeiture action iscommenced and includes a "criminal defendant" and a "non-criminaldefendant".9. "Criminal defendant" means a person who has criminal liability fora crime defined in subdivision five of this section. For purposes "criminal defendant" and a "non-criminaldefendant".9. "Criminal defendant" means a person who has criminal liability fora crime defined in subdivision five of this section. For purposes ofthis article, a person has criminal liability when he has been convictedof a post-conviction forfeiture crime.10. "Non-criminal defendant" means a person, other than a criminaldefendant, who possesses an interest in the proceeds of a crime, thesubstituted proceeds of a crime or an instrumentality of a crime.11. "Claiming authority" means the district attorney havingjurisdiction over the offense or the attorney general for purpose ofthose crimes for which the attorney general has criminal jurisdiction ina case where the underlying criminal charge has been, is being or isabout to be brought by the attorney general, or the appropriatecorporation counsel or county attorney, provided that the corporationcounsel or county attorney may act as a claiming authority only with theconsent of the district attorney or the attorney general, asappropriate.12. "Claiming agent" means and --- NEW YORK CIVIL PRACTICE LAW AND RULES (CPLR) New York State | For Informational Purposes Only shall include all persons described insubdivision thirty-four of section 1.20 of the criminal procedure law,and sheriffs, undersheriffs and deputy sheriffs of counties within thecity of New York.13. "Fair consideration" means fair consideration is given forproperty, or obligation, (a) when in exchange for such property, orobligation, as a fair equivalent therefor, and in good faith, propertyis conveyed or an antecedent debt is satisfied, or (b) when suchproperty, or obligation is received in good faith to secure a presentadvance or antecedent debt in amount not disproportionately small ascompared with the value of the property, or obligation obtained.14. "District attorney" means and shall include all persons ance or antecedent debt in amount not disproportionately small ascompared with the value of the property, or obligation obtained.14. "District attorney" means and shall include all persons describedin subdivision thirty-two of section 1.20 of the criminal procedure lawand the special assistant district attorney in charge of the office ofprosecution, special narcotics courts of the city of New York. CPLR § 1310 Page 2