(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
(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 220.77 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
(c) a conviction of a person for a violation of section 220.09,
220.16, 220.34 or 220.39 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 as part of an illegal
trade or business for gain; and (ii) establishes, where the conviction
is for possession of a controlled substance, that such possession was
with the intent to sell it.
Structure New York Laws