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N.Y. C.P.L.R. 1311-b

Money judgment

2019-10-11

§ 1311-b. Money judgment. If a claiming authority obtains a forfeiture\njudgment against a defendant for the proceeds, substituted proceeds,\ninstrumentality of a crime or real property instrumentality of a crime,\nbut is unable to locate all or part of any such property, the claiming\nauthority may apply to the court for a money judgment against the\ndefendant in the amount of the value of the forfeited property that\ncannot be located. The defendant shall have the right to challenge the\nvaluation of any property that is the basis for such an application. The\nclaiming authority shall have the burden of establishing the value of\nthe property under this section by a preponderance of the evidence.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.