Penal Law § 420.00

Seizure and destruction of unauthorized recordings  ·  as in force on May 31, 2026

§ 420.00 Seizure and destruction of unauthorized recordings.

Any article produced in violation of article two hundred seventy-five of this chapter may be seized by any police officer upon the arrest of any individual in possession of same. Upon final determination of the charges, the court shall, upon proper notice by the district attorney or representative of the crime victim or victims, after prior notice to the district attorney and custodian of the seized property, enter an order preserving any goods manufactured, sold, offered for sale, distributed or produced in violation of this article, as evidence for use in other cases, including a civil action. This notice must be received within thirty days of final determination of the charges. The cost of storage, security, and destruction of goods so ordered for preservation and use as evidence in a civil action, other than a civil action under article thirteen-A of the civil practice law and rules initiated by the district attorney, shall be paid by the party seeking preservation of the evidence for a civil action. If no such order is entered within the thirty day period, the district attorney or custodian of the seized property must cause such articles to be destroyed. Destruction shall not include auction, sale, or distribution of the items in their original form.

Official sourcehttps://www.nysenate.gov/legislation/laws/PEN/420.00

In plain English

Police may seize any article made in violation of article 275 when arresting the person who has it. After the charges are finally decided, the court must order the goods preserved as evidence for other cases, including civil actions, on proper notice from the district attorney or a crime victim's representative (after prior notice to the district attorney and the custodian); the notice must be received within 30 days of final determination. ★ A party seeking preservation for a civil action pays storage, security and destruction costs, except in a CPLR article 13-A action brought by the district attorney. If no order is entered within 30 days, the district attorney or custodian must destroy the articles; destruction does not include auction, sale or distribution in original form. ★

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 4 — The Court Clerk: Penal Law; Volume 1 — The Court Officer in Plain English; Volume 3 — The Court Officer: Penal Law; Volume 3 — Your Career: Penal Law in Plain English.