§ 215.40 — Dismissal of action; effect thereof; records

New York § 215.40

• 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

§ 215.40 Dismissal of action; effect thereof; records.\n If an action has not been restored to the calendar within six months,\nor where the defendant has agreed to pay a fine, restitution or\nreparation but has not paid such fine, restitution or reparation, within\none year, of the issuance of an order adjourning the action in\ncontemplation of dismissal, the accusatory instrument shall be deemed to\nhave been dismissed by the court in furtherance of justice at the\nexpiration of such six month or one year period, as the case may be.\nUpon dismissal of an action, the arrest and prosecution shall be deemed\na nullity, and defendant shall be restored to the status he or she\noccupied before his or her arrest and prosecution. All papers and\nrecords relating to an action that has been dismissed pursuant to this\nsection shall be subject to the sealing provisions of section 160.50 of\nthis chapter.\n