§ 215.10 — Referral of selected felonies to dispute resolution

New York § 215.10

• Jurisdiction: New York
• Law CPL: Criminal Procedure
• Title I: Preliminary Proceedings In Superior Court
• Part 2: The Principal Proceedings
• Art. 215: Adjournment In Contemplation of Dismissal For Purposes of Referring Selected Felonies to Dispute Resolution

Text

§ 215.10 Referral of selected felonies to dispute resolution.\n Upon or after arraignment in a local criminal court upon a felony\ncomplaint, or upon or after arraignment in a superior court upon an\nindictment or superior court information, and before final disposition\nthereof, the court, with the consent of the people and of the defendant,\nand with reasonable notice to the victim and an opportunity for the\nvictim to be heard, may order that the action be adjourned in\ncontemplation of dismissal, for the purpose of referring the action to a\ncommunity dispute center established pursuant to article twenty-one-A of\nthe judiciary law. Provided, however, that the court may not order any\naction adjourned in contemplation of dismissal if the defendant is\ncharged therein with: (i) a class A felony, or (ii) a violent felony\noffense as defined in section 70.02 of the penal law, or (iii) any drug\noffense as defined in article two hundred twenty of the penal law, or\n(iv) a felony upon the conviction of which defendant must be sentenced\nas a second felony offender, a second violent felony offender, or a\npersistent violent felony offender pursuant to sections 70.06, 70.04 and\n70.08 of the penal law, or a felony upon the conviction of which\ndefendant may be sentenced as a persistent felony offender pursuant to\nsection 70.10 of such law.\n