City of Cohoes, NY Property in Custody of Police

Any person having property in the custody of the Police Department, which was confiscated in connection with a case, shall be entitled to the restoration of the property upon the disposition of the case, unless said property is subject to forfeiture or seizure or is being held as evidence for another matter pursuant to law. If property is not claimed within 30 days after the disposition of the case, the Police Department shall serve notice of its holding of said property upon the rightful owner or his/her duly constituted agent or other person entitled to the same by law. Notice shall be sent by certified mail, return receipt requested, to the last known address of the rightful owner and to his/her attorney or agent; should the owner be found to be deceased, then upon the executor or attorney for the estate or next of kin. Any and all property not claimed by its rightful owner or his/her duly constituted agent or other person entitled to the same by law within 90 days after the proper service of notice shall become property of the City of Cohoes and shall be disposed of in accordance with the provisions of Subsection C.

Any and all property turned over to the custody of the Police Department by one who has found property apparently lost or abandoned by its owner shall be disposed of in accordance with Article 7-B of the New York State Personal Property Law.

Any property that has become the property of the City of Cohoes pursuant to Subsection A or B shall be disposed of as follows: all moneys shall be forfeited to the City; all other property shall be either auctioned publicly, retained for use by the City, sold to another law enforcement agency or destroyed in a manner determined by the Chief of Police and the Mayor. Any property not disposed of in any of these manners shall, at the discretion of the Chief of Police and the Mayor, be donated to a charitable organization. Any moneys forfeited to the City or obtained by reason of sale of said property shall be allocated to the General Fund pursuant to local or general law.

Stolen property shall be returned to its rightful owner or disposed of pursuant to § 450.10 of the New York State Penal Law.