N.Y. Criminal Procedure Law § 215.30: 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.