N.Y. Penal Law 460.70 – Provisional remedies
§ 460.70 Provisional remedies.
Terms Used In N.Y. Penal Law 460.70
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- 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.
- Summons: Another word for subpoena used by the criminal justice system.
1. The provisional remedies authorized by Article 13-A of the civil practice law and rules shall be available in all criminal actions in which criminal forfeiture or a fine pursuant to section 460.60 is sought to the extent and under the same terms and conditions as provided in article thirteen-A of such law and rules.
2. Upon the filing of an indictment and special information seeking criminal forfeiture under this article all further proceedings with respect to provisional remedies shall be heard by the judge or justice in the criminal part to which the indictment and special information are assigned.
3. For purposes of this section, the indictment and special information seeking criminal forfeiture shall constitute the summons and complaint referred to in Article 13-A of the civil practice law and rules.