N.Y. Criminal Procedure Law § 170.55: Adjournment in contemplation of dismissal

§ 170.55 Adjournment in contemplation of dismissal.

1. Upon or after arraignment in a local criminal court upon an

information, a simplified information, a prosecutor's information or a

misdemeanor complaint, and before entry of a plea of guilty thereto or

commencement of a trial thereof, the court may, upon motion of the

people or the defendant and with the consent of the other party, or upon

the court's own motion with the consent of both the people and the

defendant, order that the action be "adjourned in contemplation of

dismissal," as prescribed in subdivision two.

2. An adjournment in contemplation of dismissal is an adjournment of

the action without date ordered with a view to ultimate dismissal of the

accusatory instrument in furtherance of justice. Upon issuing such an

order, the court must release the defendant on his own recognizance.

Upon application of the people, made at any time not more than six

months, or in the case of a family offense as defined in subdivision one

of section 530.11 of this chapter, one year, after the issuance of such

order, the court may restore the case 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. If the

case is not so restored within such six months or one year period, the

accusatory instrument is, at the expiration of such period, deemed to

have been dismissed by the court in furtherance of justice.

3. In conjunction with an adjournment in contemplation of dismissal

the court may issue a temporary order of protection pursuant to section

530.12 or 530.13 of this chapter, requiring the defendant to observe

certain specified conditions of conduct.

4. Where the local criminal court information, simplified information,

prosecutor's information, or misdemeanor complaint charges a crime or

violation between spouses or between parent and child, or between

members of the same family or household, as the term "members of the

same family or household" is defined in subdivision one of section

530.11 of this chapter, the court may as a condition of an adjournment

in contemplation of dismissal order, require that the defendant

participate in an educational program addressing the issues of spousal

abuse and family violence.

5. The court may grant an adjournment in contemplation of dismissal on

condition that the defendant participate in dispute resolution and

comply with any award or settlement resulting therefrom.

6. The court may as a condition of an adjournment in contemplation of

dismissal order, require the defendant to perform services for a public

or not-for-profit corporation, association, institution or agency. Such

condition may only be imposed where the defendant has consented to the

amount and conditions of such service. The court may not impose such

conditions in excess of the length of the adjournment.

6-a. The court may, as a condition of an authorized adjournment in

contemplation of dismissal, where the defendant has been charged with an

offense and the elements of such offense meet the criteria of an

"eligible offense" and such person qualified as an "eligible person" as

such terms are defined in section four hundred fifty-eight-l of the

social services law, require the defendant to participate in an

education reform program in accordance with section four hundred

fifty-eight-l of the social services law.

7. The court may, as a condition of an adjournment in contemplation of

dismissal order, where a defendant is under twenty-one years of age and

is charged with (a) a misdemeanor or misdemeanors other than section

eleven hundred ninety-two of the vehicle and traffic law, in which the

record indicates the consumption of alcohol by the defendant may have

been a contributing factor, or (b) a violation of paragraph (a) of

subdivision one of section sixty-five-b of the alcoholic beverage

control law, require the defendant to attend an alcohol awareness

program established pursuant to subdivision (a) of section 19.07 of the

mental hygiene law.

8. The granting of an adjournment in contemplation of dismissal shall

not be deemed to be a conviction or an admission of guilt. No person

shall suffer any disability or forfeiture as a result of such an order.

Upon the dismissal of the accusatory instrument pursuant to this

section, 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.

9. Notwithstanding any other provision of this section, a court may

not issue an order adjourning an action in contemplation of dismissal if

the offense is for a violation of the vehicle and traffic law related to

the operation of a motor vehicle (except one related to parking,

stopping or standing), or a violation of a local law, rule or ordinance

related to the operation of a motor vehicle (except one related to

parking, stopping or standing), if such offense was committed by the

holder of a commercial learner's permit or a commercial driver's license

or was committed in a commercial motor vehicle, as defined in

subdivision four of section five hundred one-a of the vehicle and

traffic law.