N.Y. Criminal Procedure Law § 715.10: Pretrial motion to destroy dangerous drugs

§ 715.10 Pretrial motion to destroy dangerous drugs.

1. Subject to the limitations in paragraph (b) of subdivision two

hereof a district attorney may move in a superior court for an order of

destruction of the dangerous drugs in felony cases involving the

possession or sale of such drugs.

2. A motion for an order of destruction of dangerous drugs shall be

in writing, have attached thereto a copy of the report of analysis and

shall be made in the following manner:

(a) Ex parte; where no defendants have been arrested in connection

with the seizure of such drugs and a showing is made upon affidavit that

the likelihood of any future arrest in connection therewith is

nonexistent; or

(b) Upon notice, when a defendant has been arraigned in a superior

court upon an indictment charging him with a felony involving the

possession or sale of a dangerous drug and the dangerous drugs sought to

be destroyed are material to the prosecution of said indictment.

3. When such motion is ex parte, the court may order the destruction

of all or part of the subject drugs.

4. When such motion is upon notice, further proceedings shall be had

as provided in section 715.20 hereof.