§ 12-31 Definitions.
RCNY § 12-31
Arrest Evidence. The term "arrest evidence" shall mean property taken from the person or possession of an individual prior to, simultaneous with, or subsequent to an arrest because of its relation to the matter for which the person has been arrested. No property shall be deemed arrest evidence prior to the person's arrest. No property taken from a person and held by the Police Property Clerk merely for safekeeping shall be deemed arrest evidence. Claimant. The term "claimant" shall mean the person from whose person or possession property, other than contraband, was taken or obtained, who is seeking from the police property clerk the return of such property in the police property clerk's possession or property that has been transferred by the police property clerk to the district attorney of any of the five counties of the city. Contraband. The term "contraband" shall mean property the mere possession of which is prohibited under federal, state or local law. Property shall not be deemed to be contraband merely because it has been held as evidence or for custodial safe-keeping, or because it may be suspected or believed to be unlawfully obtained, stolen or the proceeds or instrumentality of a crime. Days. The term "days" shall mean calendar days unless otherwise indicated. District attorney's release. The term "district attorney's release" shall mean a statement from the appropriate district attorney's office that the subject property is no longer needed as evidence. A district attorney's release is not to be construed as a statement by the district attorney as to the possessory rights to the property of any person, including the claimant. District attorney supervisor. The term "district attorney supervisor" shall mean an assistant district attorney with authority to review the denial of an application for a district attorney's release. Proper identification. The term "proper identification" shall mean identification deemed acceptable and sufficient by the department of motor vehicles for the purpose of obtaining a driver's license. A list of such identification is contained in appendix A of this chapter. Property. The term "property" shall mean and include all property, whether it is real property, personal property, money, negotiable instruments, securities, or any other thing of value or any interest in a thing of value. Termination of criminal proceedings. The term "termination of criminal proceedings" shall mean the earliest of (i) thirty-one days following the imposition of sentence, (ii) the date of acquittal of a person arrested for an offense, (iii) where leave to file new charges or to resubmit the case to a new grand jury is required and has not been granted, thirty-one days following the dismissal of the last accusatory instrument filed in the case, or, if applicable, upon expiration of the time granted by the court or permitted by statute for filing new charges or resubmitting the case to a new grand jury, (iv) where leave to file new charges or to resubmit the case to a new grand jury is not required, thirty-one days following the dismissal of the last accusatory instrument filed in the case, or, if applicable, upon expiration of the time granted by the court or permitted by statute for filing new charges or resubmitting the case to a new grand jury, (v) six months from the issuance of an "Adjournment in Contemplation of Dismissal" order pursuant to C.P.L. § 170.55, or twelve months from the issuance of such an order pursuant to C.P.L. § 170.56, where the case is not restored to the court's calendar within the applicable six-month or twelve-month period, and (vi) the date when, prior to the filing of an accusatory instrument against a person arrested for an offense, the district attorney elects not to prosecute such person.
