2012 New York Consolidated Laws
CPL - Criminal Procedure
Part 2 - THE PRINCIPAL PROCEEDINGS
Title H - PRELIMINARY PROCEEDINGS IN LOCAL CRIMINAL COURT
Article 170 - (170.10 - 170.70) PROCEEDINGS UPON INFORMATION, SIMPLIFIED TRAFFIC INFORMATION, PROSECUTOR'S INFORMATION AND MISDEMEANOR COMPLAINT FROM ARRAIGNMENT TO PLEA
170.56 - Adjournment in contemplation of dismissal in cases involving marihuana.

 
  §  170.56  Adjournment  in contemplation of dismissal in cases involving
               marihuana.
    1.   Upon or after arraignment in  a  local  criminal  court  upon  an
  information,  a  prosecutor's  information  or  a misdemeanor complaint,
  where  the  sole  remaining  count  or  counts  charge  a  violation  or
  violations  of  section  221.05, 221.10, 221.15, 221.35 or 221.40 of the
  penal law  and  before  the  entry  of  a  plea  of  guilty  thereto  or
  commencement of  a trial thereof, the court, upon motion of a defendant,
  may  order that all proceedings be suspended and the action adjourned in
  contemplation of dismissal, or upon a finding that adjournment would not
  be necessary or appropriate and the setting forth in the record  of  the
  reasons  for  such  findings,  may dismiss in furtherance of justice the
  accusatory instrument; provided, however, that the court may  not  order
  such adjournment in contemplation of dismissal or dismiss the accusatory
  instrument  if:  (a)  the  defendant  has  previously  been granted such
  adjournment in contemplation of dismissal,  or  (b)  the  defendant  has
  previously  been  granted  a  dismissal  under  this section, or (c) the
  defendant  has  previously  been  convicted  of  any  offense  involving
  controlled   substances,  or  (d)  the  defendant  has  previously  been
  convicted of a crime and the district attorney does not consent  or  (e)
  the defendant has previously been adjudicated a youthful offender on the
  basis  of  any  act  or  acts  involving  controlled  substances and the
  district attorney does not consent.
    2.  Upon ordering the action adjourned in contemplation of  dismissal,
  the  court  must  set and specify such conditions for the adjournment as
  may  be  appropriate,  and  such  conditions  may  include  placing  the
  defendant under the supervision of any public or private agency.  At any
  time prior to dismissal the court may modify the conditions or extend or
  reduce  the  term  of  the  adjournment, except that the total period of
  adjournment shall not exceed twelve  months.    Upon  violation  of  any
  condition fixed by the court, the court may revoke its order and restore
  the case to the calendar and the prosecution thereupon must proceed.  If
  the  case  is not so restored to the calendar during the period fixed by
  the court, the accusatory instrument  is,  at  the  expiration  of  such
  period, deemed to have been dismissed in the furtherance of justice.
    3.    Upon  or after dismissal of such charges against a defendant not
  previously convicted of a crime, the court shall order that all official
  records and papers, relating to the defendant's arrest and  prosecution,
  whether  on  file with the court, a police agency, or the New York state
  division  of  criminal  justice  services,  be  sealed  and,  except  as
  otherwise provided in paragraph (d) of subdivision one of section 160.50
  of  this  chapter, not made available to any person or public or private
  agency; except, such records shall be made available under  order  of  a
  court for the purpose of determining whether, in subsequent proceedings,
  such  person qualifies under this section for a dismissal or adjournment
  in contemplation of dismissal of the accusatory instrument.
    4.  Upon the granting of an order pursuant to subdivision  three,  the
  arrest and prosecution shall be deemed a nullity and the defendant shall
  be  restored,  in contemplation of law, to the status he occupied before
  his arrest and prosecution.