§ 165.74 Seizure and distribution or destruction of goods bearing\n counterfeit trademarks.\n Any goods manufactured, sold, offered for sale, distributed or\nproduced in violation of this article may be seized by any police\nofficer. The magistrate must, within forty-eight hours after arraignment\nof the defendant, determine whether probable cause exists to believe\nthat the goods had been manufactured, sold, offered for sale,\ndistributed or produced in violation of this article, and upon a finding\nthat probable cause exists to believe that the goods had been\nmanufactured, sold, offered for sale, distributed, or produced in\nviolation of this article, the court shall authorize such articles to be\nretained as evidence pending the trial of the defendant. Upon conviction\nof the defendant, the articles in respect whereof the defendant stands\nconvicted shall be destroyed or donated. Destruction shall not include\nauction, sale or distribution of the items in their original form.\nDonation of the items shall be made at the court's discretion upon the\nrequest of any law enforcement agency and pursuant to the restrictions\nand procedures of section three hundred sixty-m of the general business\nlaw, for the benefit of indigent individuals.\n
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