§ 480.35 Rebuttable presumption.
1. In a criminal forfeiture proceeding commenced pursuant to this
article, the following rebuttable presumption shall apply: all currency or
negotiable instruments payable to the bearer shall be presumed to be the
proceeds of a felony offense when such currency or negotiable instruments
are (i) found in close proximity to a controlled substance unlawfully
possessed by the defendant in an amount sufficient to constitute a
violation of section 220.18 or 220.21 of the penal law, or (ii) found in
close proximity to any quantity of a controlled substance or marihuana
unlawfully possessed by such defendant in a room, other than a public
place, under circumstances evincing an intent to unlawfully mix, compound,
package, distribute or otherwise prepare for sale such controlled substance
or marihuana.
2. The presumption established by this section shall be rebutted by
credible and reliable evidence which tends to show that such currency or
negotiable instruments payable to the bearer is not the proceeds of a
felony offense. In an action tried before a jury, the jury shall be so
instructed. Any sworn testimony of a defendant offered to rebut the
presumption and any other evidence which is obtained as a result of such
testimony, shall be inadmissible in any subsequent proceeding relating to
the forfeiture action, or in any other civil or criminal action, except in
a prosecution for a violation of article two hundred ten of this chapter.
In an action tried before a jury, at the commencement of the trial, or at
such other time as the court reasonably directs, the prosecutor shall
provide notice to the court and to the defendant of its intent to request
that the court charge such presumption.
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