Section 480.00. Definitions

The following definitions are applicable to this article.
    1. "Felony offense" means only a felony defined in article two hundred
  twenty  of  this chapter, or an attempt or conspiracy to commit any such
  felony, provided such attempt or conspiracy is punishable as  a  felony,
  or  solicitation  of  any  such  felony  provided  such  solicitation is
  punishable as a felony.
    2.  "Property"  means  real  property,   personal   property,   money,
  negotiable  instruments, securities, or anything of value or an interest
  in a thing of value.
    3. "Proceeds" means any property obtained by a defendant  through  the
  commission  of  a  felony controlled substance offense, and includes any
  appreciation in value of such property.
    4. "Substituted proceeds" means any property obtained by  a  defendant
  by  the  sale  or  exchange of proceeds of a felony controlled substance
  offense, and any gain realized by such sale or exchange.
    5. "Instrumentality of a felony controlled  substance  offense"  means
  any  property,  other  than  real  property and any buildings, fixtures,
  appurtenances, and improvements thereon, whose use contributes  directly
  and  materially  to  the  commission  of  a  felony controlled substance
  offense.
    6. "Real property instrumentality of a crime"  means  an  interest  in
  real  property  the  use of which contributes directly and materially to
  the commission of a specified felony offense.
    7. "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  this  chapter, or where the accusatory
  instrument charges one or more of such offenses, conviction upon a  plea
  of  guilty  to  any  of  the  felonies  for which such plea is otherwise
  authorized by law or a conviction of a person for conspiracy to commit a
  violation 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  conspiracy
  are  located in the real property which is the subject of the forfeiture
  action; or
    * NB Effective until November 1, 2009
    * (a) a conviction of a person for  a  violation  of  section  220.18,
  220.21,  220.41,  220.43,  or  220.77  of  this  chapter,  or  where the
  accusatory instrument charges one or more of such  offenses,  conviction
  upon  a  plea  of  guilty  to any of the felonies for which such plea is
  otherwise authorized by law or a conviction of a person  for  conspiracy
  to  commit  a  violation  of  section 220.18, 220.21, 220.41, 220.43, or
  220.77 of this chapter, where the controlled substances  which  are  the
  object  of  the conspiracy are located in the real property which is the
  subject of the forfeiture action; or
    * NB Effective November 1, 2009
    * (b) three or more violations of  any  of  the  felonies  defined  in
  section  220.09, 220.16, 220.18, 220.21, 220.31, 220.34, 220.39, 220.41,
  220.43, or 221.55 of this chapter, which violations do not constitute  a
  single  criminal  offense as defined in subdivision one of section 40.10
  of the criminal procedure law, or  a  single  criminal  transaction,  as
  defined  in  paragraph  (a)  of  subdivision two of section 40.10 of the
  criminal procedure law,  and  at  least  one  of  which  resulted  in  a
  conviction  of  such offense, or where the accusatory instrument charges
  one or more of such felonies, conviction upon a  plea  of  guilty  to  a
  felony for which such plea is otherwise authorized by law; or
    * NB Effective until November 1, 2009
    * (b)  three  or  more  violations  of  any of the felonies defined in
  section 220.09, 220.16, 220.18, 220.21, 220.31, 220.34, 220.39,  220.41,

  220.43,  220.77,  or  221.55  of  this  chapter, which violations do not
  constitute a single criminal offense as defined in  subdivision  one  of
  section  40.10  of  the  criminal  procedure  law,  or a single criminal
  transaction,  as  defined in paragraph (a) of subdivision two of section
  40.10 of the criminal procedure law, and at least one of which  resulted
  in  a  conviction  of  such  offense, or where the accusatory instrument
  charges one or more of such felonies, conviction upon a plea  of  guilty
  to a felony for which such plea is otherwise authorized by law; or
    * NB Effective November 1, 2009
    (c)  a  conviction  of  a  person  for  a violation of section 220.09,
  220.16, 220.34,  220.39,  or  221.30  of  this  chapter,  or  where  the
  accusatory instrument charges any such felony, conviction upon a plea of
  guilty  to  a  felony for which the plea is otherwise authorized by law,
  together with evidence which: (i) provides substantial indicia that  the
  defendant  used  the  real  property  to  engage in a continual, ongoing
  course  of  conduct  involving   the   unlawful   mixing,   compounding,
  manufacturing,  warehousing,  or  packaging  of controlled substances or
  where the conviction is for  a  violation  of  section  221.30  of  this
  chapter, marijuana as part of an illegal trade or business for gain; and
  (ii) establishes, where the conviction is for possession of a controlled
  substance  or  where the conviction is for a violation of section 221.30
  of this chapter, marijuana, that such possession was with the intent  to
  sell it.