NY Crim Pro L § 170.56 (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 170.56 - Adjournment in Contemplation of Dismissal in Cases Involving Marihuana.

§  170.56  Adjournment  in contemplation of dismissal in cases involvingmarihuana.1. Upon or after  arraignment  in  a  local  criminal  court  upon  an   information,  a  prosecutor's  information  or  a misdemeanor complaint,   where  the  sole  remaining  count  or  counts  charge  a  violation  or   violations  of  section 222.10, 222.15, 222.25, 222.30, 222.45 or 222.50   of the penal law, or upon summons for a nuisance offense  under  section   sixty-five-c  of the alcoholic beverage control law and before the entry   of a plea of guilty thereto or commencement  of  a  trial  thereof,  the   court,  upon  motion  of  a defendant, may order that all proceedings be   suspended and the action adjourned in  contemplation  of  dismissal,  or   upon  a  finding  that adjournment would not be necessary or appropriate   and the setting forth in the record of the reasons  for  such  findings,   may  dismiss  in  furtherance  of  justice  the  accusatory  instrument;   provided, however, that the court may  not  order  such  adjournment  in   contemplation  of dismissal or dismiss the accusatory instrument if: (a)   the  defendant  has  previously  been  granted   such   adjournment   in   contemplation  of  dismissal,  or  (b) the defendant has previously been   granted a dismissal  under  this  section,  or  (c)  the  defendant  has   previously   been   convicted   of   any  offense  involving  controlled   substances, or (d) the defendant has  previously  been  convicted  of  a   crime  and  the  district attorney does not consent or (e) the defendant   has previously been adjudicated a youthful offender on the basis of  any   act  or  acts  involving controlled substances and the district attorney   does not consent. Notwithstanding the  limitations  set  forth  in  this   subdivision,  the  court may order that all proceedings be suspended and   the action adjourned in contemplation of dismissal based upon a  finding   of   exceptional   circumstances.  For  purposes  of  this  subdivision,   exceptional  circumstances  exist  when,  regardless  of  the   ultimate   disposition  of  the  case,  the  entry of a plea of guilty is likely to   result in severe or ongoing consequences, including, but not limited to,   potential or actual immigration consequences.2. Upon ordering the action adjourned in contemplation  of  dismissal,   the  court  must  set and specify such conditions for the adjournment as   may  be  appropriate,  and  such  conditions  may  include  placing  the   defendant  under the supervision of any public or private agency. At any   time prior to dismissal the court may modify the conditions or extend or   reduce the term of the adjournment, except  that  the  total  period  of   adjournment  shall  not  exceed  twelve  months.  Upon  violation of any   condition fixed by the court, the court may revoke its order and restore   the case to the calendar and the prosecution thereupon must proceed.  If   the  case  is not so restored to the calendar during the period fixed by   the court, the accusatory instrument  is,  at  the  expiration  of  such   period, deemed to have been dismissed in the furtherance of justice.3.  Upon  or  after  dismissal of such charges against a defendant not   previously convicted of a crime, the court shall order that all official   records and papers, relating to the defendant's arrest and  prosecution,   whether  on  file with the court, a police agency, or the New York state   division  of  criminal  justice  services,  be  sealed  and,  except  as   otherwise provided in paragraph (d) of subdivision one of section 160.50   of  this  chapter, not made available to any person or public or private   agency; except, such records shall be made available under  order  of  a   court for the purpose of determining whether, in subsequent proceedings,   such  person qualifies under this section for a dismissal or adjournment   in contemplation of dismissal of the accusatory instrument.4. Upon the granting of an order pursuant to  subdivision  three,  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.