Laws of New York (Last Updated: November 21, 2014) |
PEN Penal |
Part FOUR. ADMINISTRATIVE PROVISIONS |
Title W. PROVISIONS RELATING TO FIREARMS, FIREWORKS, PORNOGRAPHY EQUIPMENT AND VEHICLES USED IN THE TRANSPORTATION OF GAMBLING RECORDS |
Article 420. SEIZURE AND DESTRUCTION OF UNAUTHORIZED RECORDINGS OF SOUND AND FORFEITURE OF EQUIPMENT USED IN THE PRODUCTION THEREOF |
Section 420.00. Seizure and destruction of unauthorized recordings
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Any article produced in violation of article two hundred seventy-five of this chapter may be seized by any police officer upon the arrest of any individual in possession of same. Upon final determination of the charges, the court shall, upon proper notice by the district attorney or representative of the crime victim or victims, after prior notice to the district attorney and custodian of the seized property, enter an order preserving any goods manufactured, sold, offered for sale, distributed or produced in violation of this article, as evidence for use in other cases, including a civil action. This notice must be received within thirty days of final determination of the charges. The cost of storage, security, and destruction of goods so ordered for preservation and use as evidence in a civil action, other than a civil action under article thirteen-A of the civil practice law and rules initiated by the district attorney, shall be paid by the party seeking preservation of the evidence for a civil action. If no such order is entered within the thirty day period, the district attorney or custodian of the seized property must cause such articles to be destroyed. Destruction shall not include auction, sale, or distribution of the items in their original form.