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N.Y. Penal Law § 35.30 Justification; use of physical force in making an arrest or in preventing an escape
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§ 35.30 Justification; use of physical force in making an arrest or in preventing an escape. 1. A police officer or a peace officer, in the course of effecting or attempting to effect an arrest, or of preventing or attempting to prevent the escape from custody, of a person whom h…
N.Y. Penal Law § 40.00 Duress
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§ 40.00 Duress. 1. In any prosecution for an offense, it is an affirmative defense that the defendant engaged in the proscribed conduct because he was coerced to do so by the use or threatened imminent use of unlawful physical force upon him or a third person, which force or thre…
N.Y. Penal Law § 40.05 Entrapment
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§ 40.05 Entrapment. In any prosecution for an offense, it is an affirmative defense that the defendant engaged in the proscribed conduct because he was induced or encouraged to do so by a public servant, or by a person acting in cooperation with a public servant, seeking to obtai…
N.Y. Penal Law § 40.10 Renunciation
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§ 40.10 Renunciation. 1. In any prosecution for an offense, other than an attempt to commit a crime, in which the defendant's guilt depends upon his criminal liability for the conduct of another person pursuant to section 20.00, it is an affirmative defense that, under circumstan…
N.Y. Penal Law § 40.15 Mental disease or defect
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§ 40.15 Mental disease or defect. In any prosecution for an offense, it is an affirmative defense that when the defendant engaged in the proscribed conduct, he lacked criminal responsibility by reason of mental disease or defect. Such lack of criminal responsibility means that at…
N.Y. Penal Law § 400.00 Licensing and other provisions relating to firearms
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§ 400.00 Licensing and other provisions relating to firearms. 1. Eligibility. No license shall be issued or renewed pursuant to this section except by the licensing officer, and then only after investigation and finding that all statements in a proper application for a license ar…
N.Y. Penal Law § 400.01 License to carry and possess firearms for retired sworn members of the division of state police
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§ 400.01 License to carry and possess firearms for retired sworn members of the division of state police. 1. A license to carry or possess a firearm or to purchase or take possession of a semiautomatic rifle for a retired sworn member of the division of state police shall be gran…
N.Y. Penal Law § 400.02 Statewide license and record database
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§ 400.02 Statewide license and record database. 1. There shall be a statewide license and record database which shall be created and maintained by the division of state police the cost of which shall not be borne by any municipality. Records assembled or collected for purposes of…
N.Y. Penal Law § 400.03 Sellers of ammunition
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§ 400.03 Sellers of ammunition. 1. A seller of ammunition as defined in subdivision twenty-four of section 265.00 of this chapter shall register with the superintendent of state police in a manner provided by the superintendent. Any dealer in firearms that is validly licensed pur…
N.Y. Penal Law § 400.05 Disposition of weapons and dangerous instruments, appliances and substances
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§ 400.05 Disposition of weapons and dangerous instruments, appliances and substances. 1. Any weapon, instrument, appliance or substance specified in article two hundred sixty-five, when unlawfully possessed, manufactured, transported or disposed of, or when utilized in the commis…
N.Y. Penal Law § 400.06 National instant criminal background checks
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§ 400.06 National instant criminal background checks. 1. Any dealer in firearms that sells, delivers or otherwise transfers any firearm shall contact the division of state police to conduct a national instant criminal background check pursuant to section two hundred twenty-eight …
N.Y. Penal Law § 400.10 Report of theft or loss of a firearm, rifle or shotgun
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§ 400.10 Report of theft or loss of a firearm, rifle or shotgun. 1. (a) Any owner or other person lawfully in possession of: (i) a firearm, rifle or, shotgun who suffers the loss or theft of said weapon; (ii) ammunition as well as a firearm, rifle or shotgun who suffers the loss …
N.Y. Penal Law § 400.20 Waiting period in connection with the sale or transfer of a rifle or shotgun
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§ 400.20 Waiting period in connection with the sale or transfer of a rifle or shotgun. When a national instant criminal background check is required pursuant to state or federal law to be conducted through the National Instant Criminal Background Check System (NICS) or its succes…
N.Y. Penal Law § 400.30 Application
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§ 400.30 Application. Nothing in this article shall be construed to impair or in any way prevent the enactment or application of any local law, code, ordinance, rule or regulation that is more restrictive than any requirement set forth in or established by this article.
N.Y. Penal Law § 405.00 Permits for public displays of fireworks
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§ 405.00 Permits for public displays of fireworks. 1. Definition of "permit authority." The term "permit authority," as used in this section, means and includes the agency authorized to grant and issue the permits provided in this section. The permit authority on or within state …
N.Y. Penal Law § 405.05 Seizure and destruction of fireworks
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§ 405.05 Seizure and destruction of fireworks. Fireworks possessed unlawfully may be seized by any peace officer, acting pursuant to his special duties, or police officer, who must deliver the same to the magistrate before whom the person arrested is required to be taken. The mag…
N.Y. Penal Law § 405.10 Permits for indoor pyrotechnics
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§ 405.10 Permits for indoor pyrotechnics. 1. Definitions. For the purposes of this section, the following terms have the following meanings: a. Airburst. A pyrotechnic device that is suspended in the air to simulate outdoor aerial fireworks shells without producing hazardous debr…
N.Y. Penal Law § 405.12 Unpermitted use of indoor pyrotechnics in the second degree
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§ 405.12 Unpermitted use of indoor pyrotechnics in the second degree. A person is guilty of unpermitted use of indoor pyrotechnics in the second degree when he or she is responsible for obtaining a necessary permit to use indoor pyrotechnics, as required by paragraph o of subdivi…
N.Y. Penal Law § 405.14 Unpermitted use of indoor pyrotechnics in the first degree
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§ 405.14 Unpermitted use of indoor pyrotechnics in the first degree. A person is guilty of unpermitted use of indoor pyrotechnics in the first degree when he or she commits the crime of unpermitted use of indoor pyrotechnics in the second degree, as defined in section 405.12 of t…
N.Y. Penal Law § 405.16 Aggravated unpermitted use of indoor pyrotechnics in the second degree
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§ 405.16 Aggravated unpermitted use of indoor pyrotechnics in the second degree. A person is guilty of aggravated unpermitted use of indoor pyrotechnics in the second degree when he or she commits the crime of unpermitted use of indoor pyrotechnics in the second degree, as define…
N.Y. Penal Law § 405.18 Aggravated unpermitted use of indoor pyrotechnics in the first degree
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§ 405.18 Aggravated unpermitted use of indoor pyrotechnics in the first degree. A person is guilty of aggravated unpermitted use of indoor pyrotechnics in the first degree when he or she commits the crime of unpermitted use of indoor pyrotechnics in the second degree, as defined …
N.Y. Penal Law § 410.00 Seizure and forfeiture of equipment used in photographing, filming, producing, manufacturing, projecting or distributing pornographic sti...
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§ 410.00 Seizure and forfeiture of equipment used in photographing, filming, producing, manufacturing, projecting or distributing pornographic still or motion pictures. 1. Any peace officer, acting pursuant to his special duties, or police officer of this state may seize any equi…
N.Y. Penal Law § 415.00 Seizure and forfeiture of vehicles, vessels and aircraft used to transport or conceal gambling records
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§ 415.00 Seizure and forfeiture of vehicles, vessels and aircraft used to transport or conceal gambling records. 1. It shall be unlawful to transport, carry, convey or conceal in, upon or by means of any vehicle, vessel or aircraft, with knowledge of the contents thereof, any wri…
N.Y. Penal Law § 420.00 Seizure and destruction of unauthorized recordings
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§ 420.00 Seizure and destruction of unauthorized recordings. Any article produced in violation of article two hundred seventy-five of this chapter may be seized by any police officer upon the arrest of any individual in possession of same. Upon final determination of the charges,…
N.Y. Penal Law § 420.05 Seizure and forfeiture of equipment used in the production of unauthorized recordings
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§ 420.05 Seizure and forfeiture of equipment used in the production of unauthorized recordings. 1. Any police officer of this state may seize any equipment, or components, used in the manufacture or production of unauthorized recordings and may seize any vehicle or other means of…
N.Y. Penal Law § 450.10 Disposal of stolen property
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§ 450.10 Disposal of stolen property. 1. When property, other than contraband including but not limited to those items subject to the provisions of sections 410.00, 415.00, 420.00 and 420.05 of this chapter, alleged to have been stolen is in the custody of a police officer, a pea…
N.Y. Penal Law § 460.00 Legislative findings
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§ 460.00 Legislative findings. The legislature finds and determines as follows: Organized crime in New York state involves highly sophisticated, complex and widespread forms of criminal activity. The diversified illegal conduct engaged in by organized crime, rooted in the illegal…
N.Y. Penal Law § 460.10 Definitions
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§ 460.10 Definitions. The following definitions are applicable to this article. 1. "Criminal act" means conduct constituting any of the following crimes, or conspiracy or attempt to commit any of the following felonies: (a) Any of the felonies set forth in this chapter: sections …
N.Y. Penal Law § 460.20 Enterprise corruption
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§ 460.20 Enterprise corruption. 1. A person is guilty of enterprise corruption when, having knowledge of the existence of a criminal enterprise and the nature of its activities, and being employed by or associated with such enterprise, he: (a) intentionally conducts or participat…
N.Y. Penal Law § 460.22 Aggravated enterprise corruption
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§ 460.22 Aggravated enterprise corruption. A person is guilty of aggravated enterprise corruption when he or she commits the crime of enterprise corruption and two or more of the acts that constitute his or her pattern of criminal activity are class B felonies or higher, and at l…
N.Y. Penal Law § 460.25 Enterprise corruption; limitations
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§ 460.25 Enterprise corruption; limitations. 1. For purposes of subdivision one of section 460.20 of this article, a person does not acquire or maintain an interest in an enterprise by participating in a pattern of criminal activity when he invests proceeds derived from a pattern…
N.Y. Penal Law § 460.30 Enterprise corruption; forfeiture
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§ 460.30 Enterprise corruption; forfeiture. 1. Any person convicted of enterprise corruption may be required pursuant to this section to criminally forfeit to the state: (a) any interest in, security of, claim against or property or contractual right of any kind affording a sourc…
N.Y. Penal Law § 460.40 Enterprise corruption; jurisdiction
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§ 460.40 Enterprise corruption; jurisdiction. A person may be prosecuted for enterprise corruption: 1. in any county in which the principal place of business, if any, of the enterprise was located at the time of the offense, and, if the enterprise had a principal place or busines…
N.Y. Penal Law § 460.50 Enterprise corruption; prosecution
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§ 460.50 Enterprise corruption; prosecution. 1. Subject to the provisions of section 460.60 of this article, a charge of enterprise corruption may be prosecuted by: (a) the district attorney of any county with jurisdiction over the offense pursuant to section 460.40 of this artic…
N.Y. Penal Law § 460.60 Enterprise corruption; consent to prosecute
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§ 460.60 Enterprise corruption; consent to prosecute. 1. For purposes of this section, when a grand jury proceeding concerns a possible charge of enterprise corruption, or when an accusatory instrument includes a count charging a person with enterprise corruption, the affected di…
N.Y. Penal Law § 460.70 Provisional remedies
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§ 460.70 Provisional remedies. 1. The provisional remedies authorized by article thirteen-A of the civil practice law and rules shall be available in all criminal actions in which criminal forfeiture or a fine pursuant to section 460.60 is sought to the extent and under the same …
N.Y. Penal Law § 460.80 Court ordered disclosure
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§ 460.80 Court ordered disclosure. Notwithstanding the provisions of article two hundred forty-five of the criminal procedure law, when forfeiture is sought pursuant to section 460.30 of this article, the court may order discovery of any property not otherwise disclosed which is …
N.Y. Penal Law § 470.00 Definitions
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§ 470.00 Definitions. The following definitions are applicable to this article. 1. "Monetary instrument" means coin and currency of the United States or of any other country; personal checks; bank checks; traveler's checks; money orders; and investment securities and negotiable i…
N.Y. Penal Law § 470.03 Money laundering: aggregation of value; other matters
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§ 470.03 Money laundering: aggregation of value; other matters. 1. For purposes of subdivisions one and three of sections 470.05, 470.10, 470.15, 470.21, 470.22 and 470.23, and for purposes of subdivisions one and two of sections 470.20 and 470.24 of this article, financial trans…
N.Y. Penal Law § 470.05 Money laundering in the fourth degree
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§ 470.05 Money laundering in the fourth degree. A person is guilty of money laundering in the fourth degree when: 1. Knowing that the property involved in one or more financial transactions represents the proceeds of criminal conduct: (a) he or she conducts one or more such finan…
N.Y. Penal Law § 470.10 Money laundering in the third degree
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§ 470.10 Money laundering in the third degree. A person is guilty of money laundering in the third degree when: 1. Knowing that the property involved in one or more financial transactions represents: (a) the proceeds of the criminal sale of a controlled substance, he or she condu…
N.Y. Penal Law § 470.15 Money laundering in the second degree
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§ 470.15 Money laundering in the second degree. A person is guilty of money laundering in the second degree when: 1. Knowing that the property involved in one or more financial transactions represents: (a) the proceeds of the criminal sale of a controlled substance, he or she con…
N.Y. Penal Law § 470.20 Money laundering in the first degree
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§ 470.20 Money laundering in the first degree. A person is guilty of money laundering in the first degree when: 1. Knowing that the property involved in one or more financial transactions represents: (a) the proceeds of the criminal sale of a controlled substance, he or she condu…
N.Y. Penal Law § 470.21 Money laundering in support of terrorism in the fourth degree
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§ 470.21 Money laundering in support of terrorism in the fourth degree. A person is guilty of money laundering in support of terrorism in the fourth degree when: 1. Knowing that the property involved in one or more financial transactions represents either the proceeds of an act o…
N.Y. Penal Law § 470.22 Money laundering in support of terrorism in the third degree
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§ 470.22 Money laundering in support of terrorism in the third degree. A person is guilty of money laundering in support of terrorism in the third degree when: 1. Knowing that the property involved in one or more financial transactions represents either the proceeds of an act of …
N.Y. Penal Law § 470.23 Money laundering in support of terrorism in the second degree
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§ 470.23 Money laundering in support of terrorism in the second degree. A person is guilty of money laundering in support of terrorism in the second degree when: 1. Knowing that the property involved in one or more financial transactions represents either the proceeds of an act o…
N.Y. Penal Law § 470.24 Money laundering in support of terrorism in the first degree
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§ 470.24 Money laundering in support of terrorism in the first degree. A person is guilty of money laundering in support of terrorism in the first degree when: 1. Knowing that the property involved in one or more financial transactions represents either the proceeds of an act of …
N.Y. Penal Law § 470.25 Money laundering; fines
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§ 470.25 Money laundering; fines. 1. Any person convicted of a violation of section 470.05, 470.10, 470.15, or 470.20 of this article may be sentenced to pay a fine not in excess of two times the value of the monetary instruments which are the proceeds of specified criminal activ…
N.Y. Penal Law § 480.00 Definitions
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§ 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 …
N.Y. Penal Law § 480.05 Felony controlled substance offenses; forfeiture
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§ 480.05 Felony controlled substance offenses; forfeiture. 1. When any person is convicted of a felony offense, the following property is subject to forfeiture pursuant to this article: (a) any property constituting the proceeds or substituted proceeds of such offense, unless the…