New York Criminal Procedure - Article 170 - § 170.55 Adjournment in Contemplation of Dismissal
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New York Laws > Criminal Procedure > New York Criminal Procedure - Article 170 - § 170.55 Adjournment in Contemplation of Dismissal
§ 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: Article 170 170.10 170.15 170.20 170.25 170.30 170.35 170.40 170.45 170.50 170.55 170.56 170.60 170.65 170.70
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Last modified: September 14, 2013