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New York Criminal Procedure - Article 170 - § 170.55 Adjournment in Contemplation of Dismissal

Legal Research Home > New York Laws > Criminal Procedure > New York Criminal Procedure - Article 170 - § 170.55 Adjournment in Contemplation of Dismissal


Criminal Procedure 
 
  § 170.55 Adjournment in contemplation of dismissal.
    1.  Upon  or  after  arraignment  in  a  local  criminal court upon an
  information, a simplified information, a prosecutor's information  or  a
  misdemeanor  complaint,  and before entry of a plea of guilty thereto or
  commencement of a trial thereof, the  court  may,  upon  motion  of  the
  people or the defendant and with the consent of the other party, or upon
  the  court's  own  motion  with  the  consent of both the people and the
  defendant, order that the  action  be  "adjourned  in  contemplation  of
  dismissal," as prescribed in subdivision two.
    2.  An  adjournment in contemplation of dismissal is an adjournment of
  the action without date ordered with a view to ultimate dismissal of the
  accusatory instrument in furtherance of justice. Upon  issuing  such  an
  order,  the  court  must  release the defendant on his own recognizance.
  Upon application of the people, made at  any  time  not  more  than  six
  months, or in the case of a family offense as defined in subdivision one
  of  section 530.11 of this chapter, one year, after the issuance of such
  order,  the  court  may  restore  the  case  to  the  calendar  upon   a
  determination  that  dismissal of the accusatory instrument would not be
  in furtherance of justice, and the action must thereupon proceed. If the
  case is not so restored within such six months or one year  period,  the
  accusatory  instrument  is,  at the expiration of such period, deemed to
  have been dismissed by the court in furtherance of justice.
    3. In conjunction with an adjournment in  contemplation  of  dismissal
  the  court may issue a temporary order of protection pursuant to section
  530.12 or 530.13 of this chapter, requiring  the  defendant  to  observe
  certain specified conditions of conduct.
    4. Where the local criminal court information, simplified information,
  prosecutor's  information,  or  misdemeanor complaint charges a crime or
  violation between spouses  or  between  parent  and  child,  or  between
  members  of  the  same  family or household, as the term "members of the
  same family or household" is  defined  in  subdivision  one  of  section
  530.11  of  this chapter, the court may as a condition of an adjournment
  in  contemplation  of  dismissal  order,  require  that  the   defendant
  participate  in  an educational program addressing the issues of spousal
  abuse and family violence.
    5. The court may grant an adjournment in contemplation of dismissal on
  condition that the  defendant  participate  in  dispute  resolution  and
  comply with any award or settlement resulting therefrom.
    6.  The court may as a condition of an adjournment in contemplation of
  dismissal order, require the defendant to perform services for a  public
  or  not-for-profit corporation, association, institution or agency. Such
  condition may only be imposed where the defendant has consented  to  the
  amount  and  conditions  of  such service. The court may not impose such
  conditions in excess of the length of the adjournment.
    6-a. The court may, as a condition of  an  authorized  adjournment  in
  contemplation of dismissal, where the defendant has been charged with an
  offense  and  the  elements  of  such  offense  meet  the criteria of an
  "eligible offense" and such person qualified as an "eligible person"  as
  such  terms  are  defined  in  section four hundred fifty-eight-l of the
  social  services  law,  require  the  defendant  to  participate  in  an
  education  reform  program  in  accordance  with  section  four  hundred
  fifty-eight-l of the social services law.
    7. The court may, as a condition of an adjournment in contemplation of
  dismissal order, where a defendant is under twenty-one years of age  and
  is  charged  with  (a)  a misdemeanor or misdemeanors other than section
  eleven hundred ninety-two of the vehicle and traffic law, in  which  the
  record  indicates  the  consumption of alcohol by the defendant may have
  been a contributing factor, or (b)  a  violation  of  paragraph  (a)  of

  subdivision  one  of  section  sixty-five-b  of  the  alcoholic beverage
  control law, require  the  defendant  to  attend  an  alcohol  awareness
  program  established pursuant to subdivision (a) of section 19.07 of the
  mental hygiene law.
    8.  The granting of an adjournment in contemplation of dismissal shall
  not be deemed to be a conviction or an admission  of  guilt.  No  person
  shall  suffer any disability or forfeiture as a result of such an order.
  Upon the  dismissal  of  the  accusatory  instrument  pursuant  to  this
  section,  the  arrest  and prosecution shall be deemed a nullity and the
  defendant shall be restored, in contemplation of law, to the  status  he
  occupied before his arrest and prosecution.
    9.  Notwithstanding  any  other provision of this section, a court may
  not issue an order adjourning an action in contemplation of dismissal if
  the offense is for a violation of the vehicle and traffic law related to
  the operation of  a  motor  vehicle  (except  one  related  to  parking,
  stopping  or standing), or a violation of a local law, rule or ordinance
  related to the operation of a  motor  vehicle  (except  one  related  to
  parking,  stopping  or  standing),  if such offense was committed by the
  holder of a commercial driver's license or was committed in a commercial
  motor vehicle, as defined in subdivision four of  section  five  hundred
  one-a of the vehicle and traffic law.
Section:  Previous  170.10  170.15  170.20  170.25  170.30  170.35  170.40  170.45  170.50  170.55  170.56  170.60  170.65  170.70  170.80  Next

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Last modified: February 15, 2014