§ 480.35 Rebuttable presumption.
1. In a criminal forfeiture proceeding commenced pursuant to this
article, the following rebuttable presumption shall apply: all currency
or negotiable instruments payable to the bearer shall be presumed to be
the proceeds of a felony offense when such currency or negotiable
instruments are (i) found in close proximity to a controlled substance
unlawfully possessed by the defendant in an amount sufficient to
constitute a violation of section 220.18 or 220.21 of the penal law, or
(ii) found in close proximity to any quantity of a controlled substance
or marihuana unlawfully possessed by such defendant in a room, other
than a public place, under circumstances evincing an intent to
unlawfully mix, compound, package, distribute or otherwise prepare for
sale such controlled substance or marihuana.
2. The presumption established by this section shall be rebutted by
credible and reliable evidence which tends to show that such currency or
negotiable instruments payable to the bearer is not the proceeds of a
felony offense. In an action tried before a jury, the jury shall be so
instructed. Any sworn testimony of a defendant offered to rebut the
presumption and any other evidence which is obtained as a result of such
testimony, shall be inadmissible in any subsequent proceeding relating
to the forfeiture action, or in any other civil or criminal action,
except in a prosecution for a violation of article two hundred ten of
this chapter. In an action tried before a jury, at the commencement of
the trial, or at such other time as the court reasonably directs, the
prosecutor shall provide notice to the court and to the defendant of its
intent to request that the court charge such presumption.
