2023 New York Laws › CPL - Criminal Procedure › Part 2 - The Principal Proceedings › Title H - Preliminary Proceedings in Local Criminal Court › Article 180 - Proceedings Upon Felony Complaint From Arraignment Thereon Through Disposition Thereof › 180.85 - Termination of Prosecution.

§ 180.85 Termination of prosecution.
1.  After  arraignment  of  a defendant upon a felony complaint, other
  than a felony complaint charging an offense defined in  section  125.10,
  125.15,  125.20, 125.25, 125.26 or 125.27 of the penal law, either party
  or the local criminal court or superior court before which the action is
  pending, on its own motion, may move in accordance with  the  provisions
  of  this  section  for  an  order terminating prosecution of the charges
  contained in such felony complaint on consent of the parties.
2. A motion to terminate a prosecution pursuant to  this  section  may
  only  be made where the count or counts of the felony complaint have not
  been presented to a grand jury or otherwise disposed  of  in  accordance
  with  this chapter. Such motion shall be filed in writing with the local
  criminal court or superior  court  in  which  the  felony  complaint  is
  pending not earlier than twelve months following the date of arraignment
  on  such  felony  complaint.  Upon  the filing of such motion, the court
  shall fix a return date and provide the parties  with  at  least  thirty
  days' written notice of the motion and return date.
3.  Where,  upon  motion  to  terminate a prosecution pursuant to this
  section, both parties consent to such termination,  the  court,  on  the
  return  date  of  such  motion,  shall  enter  an order terminating such
  prosecution. For purposes of this subdivision, a  party  that  is  given
  written notice of a motion to terminate a prosecution shall be deemed to
  consent  to  such  termination  unless, prior to the return date of such
  motion, such party files a notice of opposition thereto with the  court.
  Except as otherwise provided in subdivision four, where such a notice of
  opposition  is filed, the court, on the return date of the motion, shall
  enter an order denying the motion to terminate the prosecution.
4. Notwithstanding any other provision  of  this  section,  where  the
  people  file  a  notice of opposition pursuant to subdivision three, the
  court, on the return date of the motion, may defer disposition  of  such
  motion  for  a period of forty-five days. In such event, if the count or
  counts of such felony  complaint  are  presented  to  a  grand  jury  or
  otherwise disposed of within such period, the court, upon the expiration
  thereof,  shall  enter  an  order  denying  the  motion to terminate the
  prosecution. If such count or counts are not presented to a  grand  jury
  or  otherwise  disposed  of  within  such  period,  the  court, upon the
  expiration thereof, shall enter an  order  terminating  the  prosecution
  unless,  within  the forty-five day period, the people, on at least five
  days' written notice to the defendant, show good cause for their failure
  to present or otherwise dispose of such count or counts.  If  such  good
  cause is shown, the court, upon expiration of the forty-five day period,
  shall enter an order denying the motion to terminate the prosecution.
5.  Notwithstanding  any  other  provision  of  law,  the  defendant's
  appearance in court on the return date of the motion  or  on  any  other
  date  shall not be required as a prerequisite to entry of an order under
  this section.
6. The period from the filing of a motion  pursuant  to  this  section
  until entry of an order disposing of such motion shall not, by reason of
  such motion, be considered a period of delay for purposes of subdivision
  four  of section 30.30, nor shall such period, by reason of such motion,
  be excluded in computing the time within which the people must be  ready
  for trial pursuant to such section 30.30.
7. Where a prosecution is terminated pursuant to this section, nothing
  contained  herein  shall preclude the people from subsequently filing an
  indictment charging the same count or counts provided such filing is  in
  accordance  with  the provisions of this section, article thirty and any
  other relevant provisions of this chapter.  Where  the  people  indicate
  their  intention  to  seek an indictment following the entry of an order

  terminating a prosecution pursuant to this  section,  the  court  shall,
  notwithstanding  any  provision  of section 160.50 to the contrary, stay
  sealing under that section for a reasonable period not to exceed  thirty
  days to permit the people an opportunity to pursue such indictment.
8.  Where an order denying a party's motion to terminate a prosecution
  is entered  pursuant  to  this  section,  such  party  may  not  file  a
  subsequent  motion to terminate the prosecution pursuant to this section
  for at least six months from the date on which such order is entered.
9. Notwithstanding any other provision of this section, where a motion
  to terminate a prosecution is filed with a local criminal court pursuant
  to subdivision two, and, prior to the determination thereof, such  court
  is  divested of jurisdiction by the filing of an indictment charging the
  offense or offenses contained in the felony complaint, such motion shall
  be deemed to have been denied as of the date of such divestiture.
10. The chief administrator of the courts, in  consultation  with  the
  director   of   the   division   of   criminal   justice   services  and
  representatives  of  appropriate  prosecutorial  and  criminal   defense
  organizations  in  the  state,  shall  adopt  forms  for  the  motion to
  terminate a prosecution authorized by subdivision one and for the notice
  of opposition specified in subdivision three.