§ 1310. Definitions. In this article:

1. "Property" means and includes: real property, personal property,
money, negotiable instruments, securities, or any thing of value or any
interest in a thing of value.

2. "Proceeds of a crime" means any property obtained through the
commission of a felony crime defined in subdivisions five and six
hereof, and includes any appreciation in value of such property.

3. "Substituted proceeds of a crime" means any property obtained by
the sale or exchange of proceeds of a crime, and any gain realized by
such sale or exchange.

4. "Instrumentality of a crime" 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 crime defined in subdivisions five and six hereof.

4-a. "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.

4-b. "Specified felony offense" means:

(a) a conviction of a person for a violation of section 220.18,
220.21, 220.41, or 220.43 of the penal law, 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, or 220.43 of the penal law,
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) on three or more occasions, engaging in conduct constituting a
violation of any of the felonies defined in section 220.09, 220.16,
220.18, 220.21, 220.31, 220.34, 220.39, 220.41 or 220.43 of the penal
law, 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 the penal law, 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.

5. "Post-conviction forfeiture crime" means any felony defined in the
penal law or any other chapter of the consolidated laws of the state.

7. "Court" means a superior court.

8. "Defendant" means a person against whom a forfeiture action is
commenced and includes a "criminal defendant" and a "non-criminal
defendant".

9. "Criminal defendant" means a person who has criminal liability for
a crime defined in subdivision five of this section. For purposes of
this article, a person has criminal liability when he has been convicted
of a post-conviction forfeiture crime.

10. "Non-criminal defendant" means a person, other than a criminal
defendant, who possesses an interest in the proceeds of a crime, the
substituted proceeds of a crime or an instrumentality of a crime.

11. "Claiming authority" means the district attorney having
jurisdiction over the offense or the attorney general for purpose of
those crimes for which the attorney general has criminal jurisdiction in
a case where the underlying criminal charge has been, is being or is
about to be brought by the attorney general, or the appropriate
corporation counsel or county attorney, provided that the corporation
counsel or county attorney may act as a claiming authority only with the
consent of the district attorney or the attorney general, as
appropriate.

12. "Claiming agent" means and shall include all persons described in
subdivision thirty-four of section 1.20 of the criminal procedure law,
and sheriffs, undersheriffs and deputy sheriffs of counties within the
city of New York.

13. "Fair consideration" means fair consideration is given for
property, or obligation, (a) when in exchange for such property, or
obligation, as a fair equivalent therefor, and in good faith, property
is conveyed or an antecedent debt is satisfied, or (b) when such
property, or obligation is received in good faith to secure a present
advance or antecedent debt in amount not disproportionately small as
compared with the value of the property, or obligation obtained.

14. "District attorney" means and shall include all persons described
in subdivision thirty-two of section 1.20 of the criminal procedure law
and the special assistant district attorney in charge of the office of
prosecution, special narcotics courts of the city of New York.