N.Y. Penal Law § 405.05

§ 405.05 Seizure and destruction of fireworks.\n Fireworks possessed unlawfully may be seized by any peace officer,\nacting pursuant to his special duties, or police officer, who must\ndeliver the same to the magistrate before whom the person arrested is\nrequired to be taken. The magistrate must, upon the examination of the\ndefendant, or if such examination is delayed or prevented, without\nawaiting such examination, determine whether the fireworks had been\npossessed by the defendant in violation of the provisions of section\n270.00; and if he finds that the fireworks had been so possessed by the\ndefendant, he must cause such fireworks to be destroyed, in a way safe\nfor the particular type of such fireworks, or to be delivered to the\ndistrict attorney of the county in which the defendant is liable to\nindictment or trial, as the interests of justice and public safety may,\nin his opinion, require. Upon the conviction of the defendant, the\ndistrict attorney must cause to be destroyed, in a way safe for the\nparticular type of such fireworks, the fireworks in respect whereof the\ndefendant stands convicted, and which remain in the possession or under\nthe control of the district attorney.\n