§ 165.74 Seizure and distribution or destruction of goods bearing
counterfeit trademarks.
Any goods manufactured, sold, offered for sale, distributed or
produced in violation of this article may be seized by any police
officer. The magistrate must, within forty-eight hours after arraignment
of the defendant, determine whether probable cause exists to believe
that the goods had been manufactured, sold, offered for sale,
distributed or produced in violation of this article, and upon a finding
that probable cause exists to believe that the goods had been
manufactured, sold, offered for sale, distributed, or produced in
violation of this article, the court shall authorize such articles to be
retained as evidence pending the trial of the defendant. Upon conviction
of the defendant, the articles in respect whereof the defendant stands
convicted shall be destroyed or donated. Destruction shall not include
auction, sale or distribution of the items in their original form.
Donation of the items shall be made at the court’s discretion upon the
request of any law enforcement agency and pursuant to the restrictions
and procedures of section three hundred sixty-m of the general business
law, for the benefit of indigent individuals.
