2006 New York Code - Adjournment In Contemplation Of Dismissal; Restoration To Calendar; Dismissal Of Action.

 
   § 215.30   Adjournment  in  contemplation  of dismissal; restoration to
                 calendar; dismissal of action.
    Upon issuing  an  order  adjourning  an  action  in  contemplation  of
  dismissal  pursuant  to  section  215.10 of this article, the court must
  release the defendant on his own recognizance and refer the action to  a
  dispute  resolution  center established pursuant to article twenty-one-A
  of the judiciary law. No later than forty-five days after an action  has
  been  referred  to  a dispute resolution center, such center must advise
  the district attorney as to whether the charges against  defendant  have
  been  resolved.  Thereafter,  if  defendant  has  agreed  to pay a fine,
  restitution or reparation, the district attorney must be  advised  every
  thirty  days  as  to the status of such fine, restitution or reparation.
  Upon application of the people, made at  any  time  not  more  than  six
  months   after  the  issuance  of  an  order  adjourning  an  action  in
  contemplation of dismissal, the court may  restore  the  action  to  the
  calendar   upon   a  determination  that  dismissal  of  the  accusatory
  instrument would not be in furtherance of justice, and the  action  must
  thereupon  proceed.   Notwithstanding the foregoing, where defendant has
  agreed to pay a fine, restitution, or reparation, but has not paid  such
  fine, restitution or reparation, upon application of the people, made at
  any  time  not  more  than  one  year  after  the  issuance  of an order
  adjourning an action  in  contemplation  of  dismissal,  the  court  may
  restore  the  action to the calendar upon a determination that defendant
  has failed to pay such fine, restitution, or reparation, and the  action
  must thereupon proceed.