CPL § 440.70

Notice to the secretary of state when false financing statement filed

§ 440.70 Notice to the secretary of state when false financing statement

filed.

Upon conviction of any person for a crime where the defendant intentionally filed or caused to be filed a financing statement pursuant to article nine of the uniform commercial code on form UCC1 that falsely claims that a person is indebted or obligated to such defendant, the court wherein such conviction is entered, or the clerk thereof, shall issue and cause to be filed a certificate with the New York secretary of state: (a) certifying that a judgment of conviction has been entered in such court against the defendant who was listed as the secured party in such form; and (b) specifying the date and location of the filing, any filing or indexing number assigned to such filing, the debtor named in such statement, and a description of the collateral encumbered by the instrument.

Official sourcehttps://www.nysenate.gov/legislation/laws/CPL/440.70

In plain English

On conviction where the defendant intentionally filed a false UCC1 financing statement (UCC art. 9) falsely claiming someone owes them, the court or clerk must file a certificate with the NY Secretary of State certifying the conviction and specifying the filing's date/location, any filing/index number, the named debtor, and the collateral described. ★

★ Exam hits:

Verbatim statute: CPL - Article 440

Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.

In print

This provision appears in Volume 3 — The JG-22 Criminal Procedure Law and in Volume 1 — The JG-22 in Plain English.