§ 4-1.6 Disqualification of joint tenant in certain instances\n Notwithstanding any other provision of law to the contrary, a joint\ntenant convicted of murder in the second degree as defined in section\n125.25 of the penal law or murder in the first degree as defined in\nsection 125.27 of the penal law of another joint tenant shall not be\nentitled to the distribution of any monies in a joint bank account\ncreated or contributed to by the deceased joint tenant, except for\nthose monies contributed by the convicted joint tenant.\n Upon the conviction of such joint tenant of first or second degree\nmurder and upon application by the prosecuting attorney, the court, as\npart of its sentence, shall issue an order directing the amount of any\njoint bank account to be distributed pursuant to the provisions of this\nsection from the convicted joint tenant and to the deceased joint\ntenant's estate. The court and the prosecuting attorney shall each have\nthe power to subpoena records of a banking institution to determine the\namount of money in such bank account and by whom deposits were made. The\ncourt shall also have the power to freeze such account upon application\nby the prosecuting attorney during the pendency of a trial for first or\nsecond degree murder. If, upon receipt of such court orders described in\nthis section, the banking institution holding monies in such joint\naccount complies with the terms of the order, such banking institution\nshall be held free from all liability for the distribution of such funds\nas were in such joint account. In the absence of actual or constructive\nnotice of such order, the banking institution holding monies in such\naccount shall be held harmless for distributing the money according to\nits ordinary course of business.\n For purposes of this section, the term banking institution shall have\nthe same meaning as provided for in paragraph (b) of subdivision three\nof section nine-f of the banking law.\n
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