(b) If, upon oral or written application by the district attorney with
notice to the defendant or his counsel, a court determines that
immediate release of property described in paragraph (a) of this
subdivision is required under the attendant circumstances, the court
shall issue an order releasing the property and, if requested by either
party, setting, as a part of such order, any condition appropriate in
the furtherance of justice.
(c) A motor vehicle alleged to have been stolen but not alleged to
have been used in connection with any crime or criminal transaction
other than the theft or unlawful use of said motor vehicle, which is in
the custody of a police officer, a peace officer or a district attorney,
may be released expeditiously to its registered owner or the owner's
representative without prior notice to the defendant. Before such
release, evidentiary photographs shall be taken of such motor vehicle.
Such photographs shall include the vehicle identification number,
registration on windshield, license plates, each side of the vehicle,
including vent windows, door locks and handles, the front and back of
the vehicle, the interior of the vehicle, including ignition lock, seat
to floor clearance, center console, radio receptacle and dashboard area,
the motor, and any other interior or exterior surfaces showing any and
all damage to the vehicle. Notice of such release, and the photographs
taken of said vehicle, shall be furnished to the defendant within
fifteen days after arraignment or after counsel initially appears on
behalf of the defendant or respondent, whichever occurs later.
5. If stolen property comes into the custody of a court, it must,
unless temporary retention be deemed necessary in furtherance of
justice, be delivered to the owner, on satisfactory proof of his title,
and on his paying the necessary expenses incurred in its preservation,
to be certified by the court.
6. If stolen property has not been delivered to the owner, the court
before which a trial is had for stealing it, may, on proof of his title,
order it to be restored to the owner.
7. If stolen property is not claimed by the owner, before the
expiration of six months from the conviction of a person for stealing
it, the court or other officer having it in custody must, on payment of
the necessary expenses incurred in its preservation, deliver it to the
county commissioner of social services, or in the city of New York, to
the commissioner of social services, to be applied for the benefit of
the poor of the county or city, as the case may be.
8. Except in the city of New York, when money or other property is
taken from a defendant, arrested upon a charge of an offense, the
officer taking it must, at the time, give duplicate receipts therefor,
specifying particularly the amount of property taken, one of which
receipts he must deliver to the defendant, and the other of which he
must forthwith file with the court in which the criminal action is
pending.
9. The commissioners of police of the city of New York may designate
some person to take charge of all property alleged to be stolen, and
which may be brought into the police office, and all property taken from
the person of a prisoner, and may prescribe regulations in regard to the
duties of the clerk or clerks so designated, and to require and take
security for the faithful performance of the duties imposed by this
subdivision, and it shall be the duty of every officer into whose
possession such property may come, to deliver the same forthwith to the
person so designated.
10. Where there has been a failure to comply with the provisions of
this section, and where the district attorney does not demonstrate to
the satisfaction of the court that such failure has not caused the
defendant prejudice, the court shall instruct the jury that it may
consider such failure in determining the weight to be given such
evidence and may also impose any other sanction set forth in subdivision
one of section 245.80 of the criminal procedure law; provided, however,
that unless the defendant has convinced the court that such failure has
caused him undue prejudice, the court shall not preclude the district
attorney from introducing into evidence the property, photographs,
photocopies, or other reproductions of the property or, where
appropriate, testimony concerning its value and condition, where such
evidence is otherwise properly authenticated and admissible under the
rules of evidence. Failure to comply with any one or more of the
provisions of this section shall not for that reason alone be grounds
for dismissal of the accusatory instrument.
11. When a request for the release of stolen property is made pursuant
to paragraph (a) of subdivision four of this section and the defendant
is not represented by counsel the notice required pursuant to
subdivision one of this section shall be personally delivered to the
defendant and release of said property shall not occur for a period less
than five days: from (a) the delivery of such notice; or (b) in the case
of delivery to such person in custody, from the first appearance before
the court, whichever is later.
Structure New York Laws