1. When a defendant has been convicted after a trial or pled guilty to violating either section 175.30 or 175.35 of the penal law in connection to an instrument that is material to the transfer or purchase of residential real property, the district attorney may file a motion in the supreme court in the county where the property that is subject to the instrument is located on behalf of the victim to void the instrument that is the subject of such criminal information or indictment. Such motion must be in writing and provide reasonable notice to all persons who have an interest in the property affected by such instrument. The motion papers must 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. The motion papers must state the grounds of the motion, must contain sworn allegations of fact supporting such grounds, and include a copy of the guilty disposition attached to the document.

Terms Used In N.Y. Criminal Procedure Law 420.45

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Oath: A promise to tell the truth.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Testify: Answer questions in court.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

2. Within ten days after filing a motion pursuant to subdivision one of this section, the district attorney 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. All persons providing factual information at such hearing must testify under oath. There will be a rebuttable presumption that where a party is convicted after a trial in criminal court or a guilty plea to either section 175.30 or section 175.35 of the penal law in connection with an instrument that is material to the transfer or sale of residential real property, that such instrument is void ab initio.

4. Upon the defendant’s conviction of or guilty plea to section 175.30 or § 175.35 of the penal law 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, the district attorney shall record a certified copy of such order in the office of the recording officer of the county in which such property is situated, in the same manner as a conveyance duly acknowledged or proved and certified so as to entitle it to be recorded. Such recording officer shall record the same in his or her said office.

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, including any party or entity that may have liens of interest on 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 party’s right to appeal such order.