N.Y. Criminal Procedure Law § 215.40: Dismissal of action; effect thereof; records

§ 215.40 Dismissal of action; effect thereof; records.

If an action has not been restored to the calendar within six months,

or where the defendant has agreed to pay a fine, restitution or

reparation but has not paid such fine, restitution or reparation, within

one year, of the issuance of an order adjourning the action in

contemplation of dismissal, the accusatory instrument shall be deemed to

have been dismissed by the court in furtherance of justice at the

expiration of such six month or one year period, as the case may be.

Upon dismissal of an action, the arrest and prosecution shall be deemed

a nullity, and defendant shall be restored to the status he or she

occupied before his or her arrest and prosecution. All papers and

records relating to an action that has been dismissed pursuant to this

section shall be subject to the sealing provisions of section 160.50 of

this chapter.