Legislation
SECTION 1311-B
Money judgment
Civil Practice Law & Rules (CVP) CHAPTER 8, ARTICLE 13-A
§ 1311-b. Money judgment. If a claiming authority obtains a forfeiture
judgment against a defendant for the proceeds, substituted proceeds,
instrumentality of a crime or real property instrumentality of a crime,
but is unable to locate all or part of any such property, the claiming
authority may apply to the court for a money judgment against the
defendant in the amount of the value of the forfeited property that
cannot be located. The defendant shall have the right to challenge the
valuation of any property that is the basis for such an application. The
claiming authority shall have the burden of establishing the value of
the property under this section by a preponderance of the evidence.
judgment against a defendant for the proceeds, substituted proceeds,
instrumentality of a crime or real property instrumentality of a crime,
but is unable to locate all or part of any such property, the claiming
authority may apply to the court for a money judgment against the
defendant in the amount of the value of the forfeited property that
cannot be located. The defendant shall have the right to challenge the
valuation of any property that is the basis for such an application. The
claiming authority shall have the burden of establishing the value of
the property under this section by a preponderance of the evidence.