§ 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.
