N.Y. Criminal Procedure Law § 140.45: Arrest without a warrant; dismissal of insufficient local criminal court accusatory instrument

§ 140.45 Arrest without a warrant; dismissal of insufficient local

criminal 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.