§  400.30  Procedure for determining the amount of a fine based upon the
                   defendant's gain from the offense.
    1.   Order  directing  a hearing.  In any case where the court is of
the opinion that the sentence should consist of or include  a  fine  and
that,  pursuant  to  article  eighty of the penal law, the amount of the
fine should be based upon the defendant's gain from  the  commission  of
the  offense,  the  court may order a hearing to determine the amount of
such gain.  The order must be filed with the clerk of the court and must
specify  a  date for the hearing not less than ten days after the filing
of the order.
    2.   Notice of hearing.  Upon receipt of the order, the clerk of the
court must send a notice of the hearing to the  defendant,  his  counsel
and  the district attorney.  Such notice must specify the time and place
of the hearing and the fact that the purpose thereof is to determine the
amount  of  the  defendant's  gain from the commission of the offense so
that an appropriate fine can be imposed.
    3.   Hearing.   When the defendant appears for the hearing the court
must ask him whether he wishes to make any statement with respect to the
amount of his gain from the commission of the offense.  If the defendant
does make a statement, the court may accept such statement and base  its
finding  thereon.   Where  the  defendant  does not make a statement, or
where the court does  not  accept  the  defendant's  statement,  it  may
proceed with the hearing.
    4.   Burden  and  standard  of proof; evidence.  At any hearing held
pursuant to this section the burden of proof rests upon the  people.   A
finding  as to the amount of the defendant's gain from the commission of
the offense must be based upon a preponderance  of  the  evidence.   Any
relevant evidence, not legally privileged, may be received regardless of
its admissibility under the exclusionary rules of evidence.
    5.   Termination  of  hearing.  At any time during the pendency of a
hearing pursuant to this section  the  court  may,  in  its  discretion,
terminate the hearing without making any finding.
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