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OFFICE OF DISTRICT ATTORNEY COUNTY OF CORTLAND 46 Greenbush Street, Suite 101 Cortland, New York 13045 (607) 753-5008 service not accepted by facsimile or electronic mail DISTRICT ATTORNEY Chief Assistant Assistant District Attorneys Hon. Patrick A. Perfetti Lauren M. Phelps Robert J. DeMarco Christine M. R. Ferraro Jessica M. Weyant PROPERTY RELEASE FORM Name of Person Seeking Release of Property: Address: Home/Cell Case DR # Defendant(s): Charge(s): Police Agency: Property to be Released: Are you the Owner of the Property? YES NO Note: IF YOU ARE NOT THE PROPERTY OWNER, BUT HAVE BEEN DESIGNATED BY THE PROPERTY OWNER TO RECOVER HIS/HER PROPERTY, YOU MUST OBTAIN THE SIGNATURE OF THE PROPERTY OWNER IN THE SPACE BELOW AND YOU MUST AFFIRM UNDER PENALTY OF PERJURY THAT YOU IN FACT HAVE BEEN DESIGATED TO RECOVER THE PROPERTY BY THE OWNER. AUTHORIZATION OF PROPERTY OWNER AUTHORIZING DESIGNEE TO RECOVER PROPERTY I AM THE OWNER OF THE PROPERTY SOUGHT TO BE RELEASED. I HEREBY REQUEST THE RETURN OF THE ABOVE PROPERTY. PLEASE RELEASE THE ABOVE PROPERTY TO MY AUTHORIZED DESIGNEE: Name of Property Owner: Name of Authorized Designee: ---PAGE BREAK--- Relationship to Property Owner: Signature of Property Owner: AFFIRMATION OF PROPERTY OWNER OR DESIGNEE I AM THE OWNER OF THE PROPERTY SOUGHT TO BE RELEASED OR HIS/HER DESIGNATED REPRESENTATIVE AUTHORIZED BY THE OWNER TO RECOVER HIS/HER PROPERTY. AFFIRMED UNDER PENALTY OF PERJURY THIS DAY OF Signature Identification Provided False Statements made herein are punishable as a Class A Misdemeanor pursuant to New York State Penal Law section 210.43. FOR DISTRICT ATTORNEY OFFICE USE ONLY: CASE DR#: RELASED CLEARED BY LAW & APPEALS: RELEASE APPROVED: RELEASE NOT APPROVED: Special Instructions to Police Agency Prior to Release: ( ) Photograph Property ( ) List Serial # of Property ( ) Other Date: ---PAGE BREAK--- BY Assistant District Attorney: PROPERTY RELEASE APPLICATION INSTRUCTIONS Dear Crime Victim/ Property Owner: The Penal Law of the State of New York states that property being held by the police in connection with an incident/offense may not be released without an Order of the Criminal Court. The Law also requires that the District Attorney notify the person(s) charged with an offense, or his attorney, when a request is made for the release of property. Under the Penal Law, a person(s) charged with an offense, or his attorney must be allowed a chance to examine any property before it is returned to its owner. The District Attorney’s Office will notify the person(s) charged, or his attorney of your request for release of property. By law, the person(s) charged MUST be given 30 days to complete his or her examination of your property. Your application must then be approved by a Judge of the Criminal court. As a result of the above laws, your property cannot be returned to you at the present time. You must first fill out the Application for Release of Property. This release will be processed by the District Attorney’s Office. This is the law in New York State. It takes time to complete each step. However, every effort will be made to avoid unnecessary delays. You will be notified when you may pick up your property. In some cases, your property may be needed as evidence at trial. In other cases, the defense attorney or the Court may refuse to release your property. EXCEPTIONS: There are certain kinds of property, called contraband, that are unlawful to possess by anyone without a special license or permit, i.e., drugs and firearms. Unless you have a license or permit to possess these types of property, they will not be returned to you. WHEN YOU RECEIVE THE APPLICATION FOR RELEASE OF PROPERTY, AFTER IT IS PROCESSED BY THE DISTRICT ATTORNEY’S OFFICE, YOU MUST CALL THE PROPERTY DIVISION, PRIOR TO ARRIVING TO CLAIM YOUR PROPERTY. Cortland City Police Department [PHONE REDACTED] Cortland County Sheriff’s Department [PHONE REDACTED]