§ 420.45 Post-trial motion relating to certain instruments affecting

residential real property.

1. When a defendant has been convicted after a trial or pled guilty to
any crime that affects the title to, encumbrance of, or the possession
of, real property and where there is an instrument that is material to
such encumbrance, transfer or purchase of said real property, the
district attorney, the attorney general, or any law enforcement agency
may file a motion in the supreme court in the county where the property
that is the subject of the instrument is located or the prosecution
occurred on behalf of the victim to void said instrument. Such motion
must be in writing and state the county or borough, if in the city of
New York, and block, lot, street address of such property, and a
description of such property, and include a copy of the judgment of
conviction. Notice must be given to all persons who have an interest in
the property.

2. Within ten days after filing a motion pursuant to subdivision one
of this section, the agency filing the motion shall record a copy of the
notice of motion in the office of the clerk of the county in which the
property is situated. The notice shall be indexed by the clerk in the
manner prescribed by subdivision (c) of rule sixty-five hundred eleven
of the civil practice law and rules for a notice of pendency of action
and shall have the same effect as such notice.

3. The supreme court must conduct a hearing and make findings of fact
essential to the determination whether to declare the instrument
described in subdivision one of this section void ab initio. There will
be a rebuttable presumption that where a party is convicted after a
trial or a guilty plea to any crime that affects the title to,
encumbrance of, or the possession of, real property and where there is
an instrument that encumbers or is material to the transfer or sale of
real property, that such instrument is void ab initio.

4. Upon the defendant's conviction of or guilty plea as described in
subdivision one of this section, and after conducting a hearing pursuant
to subdivision three of this section, a court shall make a determination
and if appropriate shall order that the instrument described in
subdivision one of this section be declared void ab initio or grant
other appropriate relief to the victim. The order of the court shall
describe the nature of the false statement or false information
contained in such instrument. A copy of such instrument shall be
attached to the order of the court.

5. If the order relates to an instrument that has been filed with,
registered, or recorded in a public office, a certified copy of such
order shall be recorded in the office of the recording officer of the
county in which such property is situated.

6. For purposes of this section, "all persons who have an interest in
the property affected by such instrument" shall mean all parties who
have recorded an instrument affecting the real property that is the
subject of the instrument described in subdivision one of this section,
any last record owner and anyone in residence during the pendency of the
prosecution and any party with a lien against the property that is
unsatisfied, or any other party that may claim to have liens or an
interest in the property, and any current residents of the property, as
of the date of the filing of the criminal information or indictment.

7. Nothing in this section shall be deemed to inhibit or prevent (a)
relief otherwise provided by law, or (b) a party's right to appeal such
order.