480.00 - Definitions.

§ 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,  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,  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    (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.