§ 170.56 — Adjournment in contemplation of dismissal in cases involving marihuana

New York § 170.56

• Jurisdiction: New York
• Law CPL: Criminal Procedure
• Title H: Preliminary Proceedings In Local Criminal Court
• Part 2: The Principal Proceedings
• Art. 170: Proceedings Upon Information, Simplified Traffic Information, Prosecutor's Information and Misdemeanor Complaint From Arraignment to Plea

Text

§ 170.56 Adjournment in contemplation of dismissal in cases involving\n marihuana.\n 1. Upon or after arraignment in a local criminal court upon an\ninformation, a prosecutor's information or a misdemeanor complaint,\nwhere the sole remaining count or counts charge a violation or\nviolations of section 222.10, 222.15, 222.25, 222.30, 222.45 or 222.50\nof the penal law, or upon summons for a nuisance offense under section\nsixty-five-c of the alcoholic beverage control law and before the entry\nof a plea of guilty thereto or commencement of a trial thereof, the\ncourt, upon motion of a defendant, may order that all proceedings be\nsuspended and the action adjourned in contemplation of dismissal, or\nupon a finding that adjournment would not be necessary or appropriate\nand the setting forth in the record of the reasons for such findings,\nmay dismiss in furtherance of justice the accusatory instrument;\nprovided, however, that the court may not order such adjournment in\ncontemplation of dismissal or dismiss the accusatory instrument if: (a)\nthe defendant has previously been granted such adjournment in\ncontemplation of dismissal, or (b) the defendant has previously been\ngranted a dismissal under this section, or (c) the defendant has\npreviously been convicted of any offense involving controlled\nsubstances, or (d) the defendant has previously been convicted of a\ncrime and the district attorney does not consent or (e) the defendant\nhas previously been adjudicated a youthful offender on the basis of any\nact or acts involving controlled substances and the district attorney\ndoes not consent. Notwithstanding the limitations set forth in this\nsubdivision, the court may order that all proceedings be suspended and\nthe action adjourned in contemplation of dismissal based upon a finding\nof exceptional circumstances. For purposes of this subdivision,\nexceptional circumstances exist when, regardless of the ultimate\ndisposition of the case, the entry of a plea of guilty is likely to\nresult in severe or ongoing consequences, including, but not limited to,\npotential or actual immigration consequences.\n 2. Upon ordering the action adjourned in contemplation of dismissal,\nthe court must set and specify such conditions for the adjournment as\nmay be appropriate, and such conditions may include placing the\ndefendant under the supervision of any public or private agency. At any\ntime prior to dismissal the court may modify the conditions or extend or\nreduce the term of the adjournment, except that the total period of\nadjournment shall not exceed twelve months. Upon violation of any\ncondition fixed by the court, the court may revoke its order and restore\nthe case to the calendar and the prosecution thereupon must proceed. If\nthe case is not so restored to the calendar during the period fixed by\nthe court, the accusatory instrument is, at the expiration of such\nperiod, deemed to have been dismissed in the furtherance of justice.\n 3. Upon or after dismissal of such charges against a defendant not\npreviously convicted of a crime, the court shall order that all official\nrecords and papers, relating to the defendant's arrest and prosecution,\nwhether on file with the court, a police agency, or the New York state\ndivision of criminal justice services, be sealed and, except as\notherwise provided in paragraph (d) of subdivision one of section 160.50\nof this chapter, not made available to any person or public or private\nagency; except, such records shall be made available under order of a\ncourt for the purpose of determining whether, in subsequent proceedings,\nsuch person qualifies under this section for a dismissal or adjournment\nin contemplation of dismissal of the accusatory instrument.\n 4. Upon the granting of an order pursuant to subdivision three, the\narrest and prosecution shall be deemed a nullity and the defendant shall\nbe restored, in contemplation of law, to the status he occupied before\nhis arrest and prosecution.\n