CPL § 715.10

Pretrial motion to destroy dangerous drugs · as in force on May 31, 2026

§ 715.10 Pretrial motion to destroy dangerous drugs.

1. Subject to the limitations in paragraph (b) of subdivision two hereof a district attorney may move in a superior court for an order of destruction of the dangerous drugs in felony cases involving the possession or sale of such drugs.

2. A motion for an order of destruction of dangerous drugs shall be in writing, have attached thereto a copy of the report of analysis and shall be made in the following manner:

(a) Ex parte; where no defendants have been arrested in connection with the seizure of such drugs and a showing is made upon affidavit that the likelihood of any future arrest in connection therewith is nonexistent; or

(b) Upon notice, when a defendant has been arraigned in a superior court upon an indictment charging him with a felony involving the possession or sale of a dangerous drug and the dangerous drugs sought to be destroyed are material to the prosecution of said indictment.

3. When such motion is ex parte, the court may order the destruction of all or part of the subject drugs.

4. When such motion is upon notice, further proceedings shall be had as provided in section 715.20 hereof.

Official sourcehttps://www.nysenate.gov/legislation/laws/CPL/715.10

In plain English

A district attorney may ask a superior court to destroy dangerous drugs in felony possession or sale cases, subject to these rules:

(1) The motion is allowed subject to part (2)(b).
(2) The motion must be written and include the analysis report.
(2)(a) It may be ex parte if no defendant was arrested and an affidavit shows no future arrest is likely.
(2)(b) It must be on notice if a defendant was arraigned in superior court on a qualifying felony indictment and the drugs are material to that prosecution. ★
(3) On an ex parte motion, the court may order destruction of all or part of the drugs.
(4) A noticed motion proceeds under § 715.20.

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.

In print

This provision appears in Volume 1 — The Court Officer in Plain English; Volume 2 — The Court Officer: Criminal Procedure Law; Volume 2 — Your Career: Criminal Procedure in Plain English.