§ 215.30 — Adjournment in contemplation of dismissal; restoration to calendar; dismissal of action

New York § 215.30

• 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

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§ 215.30 Adjournment in contemplation of dismissal; restoration to\n calendar; dismissal of action.\n Upon issuing an order adjourning an action in contemplation of\ndismissal pursuant to section 215.10 of this article, the court must\nrelease the defendant on his own recognizance and refer the action to a\ndispute resolution center established pursuant to article twenty-one-A\nof the judiciary law. No later than forty-five days after an action has\nbeen referred to a dispute resolution center, such center must advise\nthe district attorney as to whether the charges against defendant have\nbeen resolved. Thereafter, if defendant has agreed to pay a fine,\nrestitution or reparation, the district attorney must be advised every\nthirty days as to the status of such fine, restitution or reparation.\nUpon application of the people, made at any time not more than six\nmonths after the issuance of an order adjourning an action in\ncontemplation of dismissal, the court may restore the action to the\ncalendar upon a determination that dismissal of the accusatory\ninstrument would not be in furtherance of justice, and the action must\nthereupon proceed. Notwithstanding the foregoing, where defendant has\nagreed to pay a fine, restitution, or reparation, but has not paid such\nfine, restitution or reparation, upon application of the people, made at\nany time not more than one year after the issuance of an order\nadjourning an action in contemplation of dismissal, the court may\nrestore the action to the calendar upon a determination that defendant\nhas failed to pay such fine, restitution, or reparation, and the action\nmust thereupon proceed.\n