Adjournment in contemplation of dismissal in marihuana cases in a superior court
§ 210.46 Adjournment in contemplation of dismissal in marihuana cases
in a superior court.
Upon or after arraignment in a superior court upon an indictment where the sole remaining count or counts charge a violation or violations of section 221.05, 221.10, 221.15, 221.35 or 221.40 of the penal 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 may dismiss the indictment in furtherance of justice, in accordance with the provisions of section 170.56 of this chapter.
Where the sole remaining count(s) charge Penal Law §§ 221.05, 221.10, 221.15, 221.35, or 221.40 and before a guilty plea/trial, the court may — on the defendant's motion — order an adjournment in contemplation of dismissal (ACD) or dismiss in furtherance of justice, per § 170.56. ★
Marked in the text: penalties, time limits, sums of money. Editorial emphasis added by this edition; it does not appear in the statute as enacted.
This provision appears in Volume 3 — The JG-22 Criminal Procedure Law and in Volume 1 — The JG-22 in Plain English.