There is a newer version
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the New York Laws
2019 New York Laws
CPL - Criminal Procedure
Part 2 - The Principal Proceedings
Title H - Preliminary Proceedings in Local Criminal Court
Article 140 - Arrest Without a Warrant
140.45 - Arrest Without a Warrant; Dismissal of Insufficient Local Criminal Court Accusatory Instrument.
Universal Citation: NY Crim Pro L § 140.45 (2019)
§ 140.45 Arrest without a warrant; dismissal of insufficient localcriminal court accusatory instrument.
If a local criminal court accusatory instrument filed with a local criminal court pursuant to section 140.20, 140.25 or 140.40 is not sufficient on its face, as prescribed in section 100.40, and if the court is satisfied that on the basis of the available facts or evidence it would be impossible to draw and file an accusatory instrument which is sufficient on its face, it must dismiss such accusatory instrument and discharge the defendant.
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