§ 170.55 — Adjournment in contemplation of dismissal

New York § 170.55

• 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

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§ 170.55 Adjournment in contemplation of dismissal.\n 1. Upon or after arraignment in a local criminal court upon an\ninformation, a simplified information, a prosecutor's information or a\nmisdemeanor complaint, and before entry of a plea of guilty thereto or\ncommencement of a trial thereof, the court may, upon motion of the\npeople or the defendant and with the consent of the other party, or upon\nthe court's own motion with the consent of both the people and the\ndefendant, order that the action be "adjourned in contemplation of\ndismissal," as prescribed in subdivision two.\n 2. An adjournment in contemplation of dismissal is an adjournment of\nthe action without date ordered with a view to ultimate dismissal of the\naccusatory instrument in furtherance of justice. Upon issuing such an\norder, the court must release the defendant on his own recognizance.\nUpon application of the people, made at any time not more than six\nmonths, or in the case of a family offense as defined in subdivision one\nof section 530.11 of this chapter, one year, after the issuance of such\norder, the court may restore the case to the calendar upon a\ndetermination that dismissal of the accusatory instrument would not be\nin furtherance of justice, and the action must thereupon proceed. If the\ncase is not so restored within such six months or one year period, the\naccusatory instrument is, at the expiration of such period, deemed to\nhave been dismissed by the court in furtherance of justice.\n 3. In conjunction with an adjournment in contemplation of dismissal\nthe court may issue a temporary order of protection pursuant to section\n530.12 or 530.13 of this chapter, requiring the defendant to observe\ncertain specified conditions of conduct.\n 4. Where the local criminal court information, simplified information,\nprosecutor's information, or misdemeanor complaint charges a crime or\nviolation between spouses or between parent and child, or between\nmembers of the same family or household, as the term "members of the\nsame family or household" is defined in subdivision one of section\n530.11 of this chapter, the court may as a condition of an adjournment\nin contemplation of dismissal order, require that the defendant\nparticipate in an educational program addressing the issues of spousal\nabuse and family violence.\n 5. The court may grant an adjournment in contemplation of dismissal on\ncondition that the defendant participate in dispute resolution and\ncomply with any award or settlement resulting therefrom.\n 6. The court may as a condition of an adjournment in contemplation of\ndismissal order, require the defendant to perform services for a public\nor not-for-profit corporation, association, institution or agency. Such\ncondition may only be imposed where the defendant has consented to the\namount and conditions of such service. The court may not impose such\nconditions in excess of the length of the adjournment.\n 6-a. The court may, as a condition of an authorized adjournment in\ncontemplation of dismissal, where the defendant has been charged with an\noffense and the elements of such offense meet the criteria of an\n"eligible offense" and such person qualified as an "eligible person" as\nsuch terms are defined in section four hundred fifty-eight-l of the\nsocial services law, require the defendant to participate in an\neducation reform program in accordance with section four hundred\nfifty-eight-l of the social services law.\n 7. The court may, as a condition of an adjournment in contemplation of\ndismissal order, where a defendant is under twenty-one years of age and\nis charged with (a) a misdemeanor or misdemeanors other than section\neleven hundred ninety-two of the vehicle and traffic law, in which the\nrecord indicates the consumption of alcohol by the defendant may have\nbeen a contributing factor, or (b) a violation of paragraph (a) of\nsubdivision one of section sixty-five-b of the alcoholic beverage\ncontrol law, require the defendant to attend an alcohol awareness\nprogram established pursuant to subdivision (a) of section 19.07 of the\nmental hygiene law.\n 8. The granting of an adjournment in contemplation of dismissal shall\nnot be deemed to be a conviction or an admission of guilt. No person\nshall suffer any disability or forfeiture as a result of such an order.\nUpon the dismissal of the accusatory instrument pursuant to this\nsection, the arrest and prosecution shall be deemed a nullity and the\ndefendant shall be restored, in contemplation of law, to the status he\noccupied before his arrest and prosecution.\n 9. Notwithstanding any other provision of this section, a court may\nnot issue an order adjourning an action in contemplation of dismissal if\nthe offense is for a violation of the vehicle and traffic law related to\nthe operation of a motor vehicle (except one related to parking,\nstopping or standing), or a violation of a local law, rule or ordinance\nrelated to the operation of a motor vehicle (except one related to\nparking, stopping or standing), if such offense was committed by the\nholder of a commercial learner's permit or a commercial driver's license\nor was committed in a commercial motor vehicle, as defined in\nsubdivision four of section five hundred one-a of the vehicle and\ntraffic law.\n