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SIMON & SCHUSTER, INC. v. MEMBERS OF N. Y. STATE CRIME VICTIMS BD. Opinion of the Court

person begins to run when the escrow account is established, and supersedes any limitations period that expires earlier. § 632–a(7). Subsection (8) grants priority to two classes of claims against the escrow account. First, upon a court order, the Board must release assets “for the exclusive purpose of retaining legal representation.” § 632–a(8). In addition, the Board has the discretion, after giving notice to the victims of the crime, to “make payments from the escrow account to a representative of any person accused or convicted of a crime for the necessary expenses of the production of the moneys paid into the escrow account.” Ibid. This provision permits payments to literary agents and other such representatives. Payments under subsection (8) may not exceed one-fifth of the amount collected in the account. Ibid. Claims against the account are given the following priorities: (a) payments ordered by the Board under subsection (8); (b) subrogation claims of the State for payments made to victims of the crime; (c) civil judgments obtained by victims of the crime; and (d) claims of other creditors of the accused or convicted person, including state and local tax authorities. N. Y. Exec. Law § 632–a(11) (McKinney Supp. 1991). Subsection (10) broadly defines “person convicted of a crime” to include “any person convicted of a crime in this state either by entry of a plea of guilty or by conviction after trial and any person who has voluntarily and intelligently admitted the commission of a crime for which such person is not prosecuted.” § 632–a(10)(b) (emphasis added). Thus a person who has never been accused or convicted of a crime in the ordinary sense, but who admits in a book or other work to having committed a crime, is within the statute’s coverage. As recently construed by the New York Court of Appeals, however, the statute does not apply to victimless crimes. Children of Bedford, Inc. v. Petromelis, 77 N. Y. 2d 713, 726, 573 N. E. 2d 541, 548 (1991).