New York statute
N.Y. Penal Law § 165.74 — Seizure and distribution or destruction of goods bearing counterfeit trademarks
Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
Part of Article 165: Other Offenses Relating to Theft, New York Penal Law.
Full text of N.Y. Penal Law § 165.74
Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.
165.74 Seizure and distribution or destruction of goods bearing
counterfeit trademarks.
Any goods manufactured, sold, offered for sale, distributed or
produced in violation of this article may be seized by any police
officer. The magistrate must, within forty-eight hours after arraignment
of the defendant, determine whether probable cause exists to believe
that the goods had been manufactured, sold, offered for sale,
distributed or produced in violation of this article, and upon a finding
that probable cause exists to believe that the goods had been
manufactured, sold, offered for sale, distributed, or produced in
violation of this article, the court shall authorize such articles to be
retained as evidence pending the trial of the defendant. Upon conviction
of the defendant, the articles in respect whereof the defendant stands
convicted shall be destroyed or donated. Destruction shall not include
auction, sale or distribution of the items in their original form.
Donation of the items shall be made at the court's discretion upon the
request of any law enforcement agency and pursuant to the restrictions
and procedures of section three hundred sixty-m of the general business
law, for the benefit of indigent individuals.
Official sources
Legal terms used in this section
This reference is informational and is not legal advice.