2023 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 involving
marihuana.
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.