§ 12-34 District Attorney's Release.
RCNY § 12-34
The district attorney of each of the five counties of the city have implemented the following procedures governing the giving of releases for property that is arrest evidence: (a) A request for a district attorney's release may be made, in person or by mail, by the claimant or by a representative authorized by a notarized writing by the claimant.
(b)The request must be accompanied by a copy of the voucher or, if the voucher is lost or absent, an explanation for its loss or absence, proper identification and suitable case identification. In his or her discretion, the district attorney may waive any or all of these requirements.
(c)If the request for a release is accompanied by the documents specified in subdivision b hereof, the district attorney shall, if the property is no longer needed as evidence, grant a release no more than fifteen days after receipt of the request. If the property is or may be needed as evidence, the district attorney shall follow the procedures hereinafter set forth.
(d)Before the termination of criminal proceedings, the district attorney shall provide a release to a claimant upon request unless the district attorney determines that the property is or may be needed as evidence. After the termination of criminal proceedings, the district attorney shall provide a release to a claimant upon request unless the district attorney determines that the property needs to be retained as evidence due to (i) a pending appeal; (ii) a collateral attack or notice that a collateral attack will be commenced; (iii) another specifically identified criminal proceeding or (iv) an ongoing identifiable criminal investigation. In all cases, a district attorney's determination not to provide a release to a claimant because the property is or may be needed as evidence shall be made in good faith. The district attorney's release shall be personally delivered to the claimant or mailed to the claimant at the address provided by the claimant on the form making the request for release.
(e)Whenever a release is denied to a claimant either before or following the termination of criminal proceedings, the district attorney must provide in writing the reason for the refusal no more than fifteen days after receipt of the request. The claimant also must then be informed that he or she may obtain review by a supervising assistant district attorney, who shall not be the individual who made the initial determination, which review must be provided to the claimant within ten days of the request for review. A supervising assistant district attorney's refusal to provide a claimant a release must be in writing stating the particularized reason(s) for the refusal, which reasons must be in conformity with subdivisions c and d, above. The notices provided by the district attorney shall be personally delivered to the claimant or mailed to the claimant at the address provided by the claimant on the form making the request for release.
(f)The claimant may reapply to the district attorney for a release at any time after the date of issuance of the statement upholding the denial.
(g)The district attorney may utilize standard forms, uniform throughout the five boroughs, consistent with these rules, for (i) Claimant's request for a district attorney's release, which shall also serve as an acknowledgement of receipt; (ii) Claimant's request for a review of a denial of a district attorney's release, a copy which shall also serve as an acknowledgement of receipt; (iii) District attorney supervisor's statement of reasons for upholding a denial of a release; and (iv) District attorney's release.
