NY Crim Pro L § 170.55 (2021)
2021 New York Laws CPL - Criminal Procedure Part 2 - The Principal Proceedings Title H - Preliminary Proceedings in Local Criminal Court Article 170 - Proceedings Upon Information, Simplified Traffic Information, Prosecutor's Information and Misdemeanor Complaint From Arraignment to Plea 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.