§ 3388. Seizure and forfeiture of vehicles, vessels or aircraft
unlawfully used to conceal, convey or transport controlled substances.
1. Except as authorized in this article, it shall be unlawful to:

(a) transport, carry, or convey any controlled substance in, upon, or
by means of any vehicle, vessel or aircraft; or

(b) conceal or possess any controlled substance in or upon any
vehicle, vessel or aircraft, or upon the person of anyone in or upon any
vehicle, vessel or aircraft; or

(c) use any vehicle, vessel or aircraft to facilitate the
transportation, carriage, conveyance, concealment, receipt, possession,
purchase, or sale of any controlled substance.

2. Any vehicle, vessel or aircraft which has been or is being used in
violation of subdivision one, except a vehicle, vessel or aircraft used
by any person as a common carrier in the transaction of business as such
common carrier shall be seized by any peace officer, acting pursuant to
his special duties, or police officer, and forfeited as hereinafter in
this section provided. A vehicle, vessel or aircraft is not subject to
forfeiture unless used in connection with acts or conduct which would
constitute a felony under article 220 of the penal law.

3. The seized property shall be delivered by the officer having made
the seizure to the custody of the district attorney of the county
wherein the seizure was made, except that in the cities of New York,
Yonkers, Rochester and Buffalo the seized property shall be delivered to
the custody of the police department of such cities and such property
seized by a member or members of the state police shall be delivered to
the custody of the superintendent of state police, together with a
report of all the facts and circumstances of the seizure.

4. It shall be the duty of the attorney general in seizures by members
of the state police, otherwise it shall be the duty of the district
attorney of the county wherein the seizure is made, if elsewhere than in
the cities of New York, Yonkers, Rochester or Buffalo, and where the
seizure is made in such cities it shall be the duty of the corporation
counsel of the city, to inquire into the facts of the seizure so
reported to him and if it appears probable that a forfeiture has been
incurred by reason of a violation of this section, for the determination
of which the institution of proceedings in the supreme court is
necessary, to cause the proper proceedings to be commenced and
prosecuted, not later than twenty days after written demand by a person
claiming ownership thereof, to declare such forfeiture, unless, upon
inquiry and examination, such district attorney, attorney general or
corporation counsel decides that such proceedings cannot probably be
sustained or that the ends of public justice do not require that they
should be instituted or prosecuted, in which case, the district
attorney, the attorney general or corporation counsel shall cause such
seized property to be returned to the owner thereof. The procedure for
proceedings instituted under this section shall conform as much as
possible to the procedure for attachment.

5. Notice of the institution of the forfeiture proceeding shall be
served either:

(a) personally on the owners of the seized property; or

(b) by registered mail to the owners' last known address and by
publication of the notice once a week for two successive weeks in a
newspaper published or circulated in the county wherein the seizure was
made.

6. Forfeiture shall not be adjudged where the owners establish by
preponderance of the evidence that:

(a) the use of such seized property, in violation of subdivision one
of this section, was not intentional on the part of any owner; or

(b) said seized property was used in violation of subdivision one of
this section by any person other than an owner thereof, while such
seized property was unlawfully in the possession of a person who
acquired possession thereof in violation of the criminal laws of the
United States, or of any state.

7. The district attorney, the superintendent of state police or the
police department having custody of the seized property, after such
judicial determination of forfeiture, shall, at their discretion, either
retain such seized property for the official use of their office,
division or department, or, by a public notice of at least five days,
sell such forfeited property at public sale; provided, however, that
where such property is subject to a perfected lien such property may not
be retained for their official use unless all such liens on the property
to be retained have been or will be satisfied. The net proceeds of any
such sale, after deduction of the lawful expenses incurred, shall be
paid into the general fund of the county wherein the seizure was made
except that the net proceeds of the sale of property seized in the
cities of New York, Yonkers, Rochester and Buffalo shall be paid into
the respective general funds of such cities, and of the sale of property
seized by the state police into the general fund of the state.

8. Whenever any person interested in any property which is seized and
declared forfeited under the provisions of this section files with a
justice of the supreme court a petition for the recovery of such
forfeited property, the justice of the supreme court may restore said
forfeited property upon such terms and conditions as he deems reasonable
and just, if the petitioner establishes either of the affirmative
defenses set forth in subdivision six of this section and that the
petitioner was without personal or actual knowledge of the forfeiture
proceeding. If the petition be filed after the sale of the forfeited
property, any judgment in favor of the petitioner shall be limited to
the net proceeds of such sale, after deduction of the lawful expenses
and costs incurred by the district attorney, police department or
corporation counsel.

9. No suit or action under this section for wrongful seizure shall be
instituted unless such suit or action is commenced within two years
after the time when the property was seized.