The commission may authorize the disposal by sale to the highest bidder or by charitable gift of any unclaimed personal property recovered by personnel of the commission in the course of their duties which, after a diligent investigation to ascertain the lawful owner thereof, shall have remained in the custody of the commission for a period of not less than three months. The commission shall cause any such personal property determined to be contraband or otherwise illegal to be destroyed. A record of the disposal of any such personal property shall be kept by the commission.
N.Y. Comp. Codes R. & Regs. Tit. 21 § 1.22