{"jurisdiction": "us-ny", "code": "cpl", "section": "715.10", "citation": "CPL § 715.10", "heading": "Pretrial motion to destroy dangerous drugs", "text": ["§ 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_source": "https://www.nysenate.gov/legislation/laws/CPL/715.10", "from_official_api": true, "plain_english": "A **district attorney may ask a superior court to destroy dangerous drugs** in felony possession or sale cases, subject to these rules:\n- **(1)** The motion is allowed subject to part **(2)(b)**.\n- **(2)** The motion must be **written** and include the analysis report.\n- **(2)(a)** It may be **ex parte** if no defendant was arrested and an affidavit shows no future arrest is likely.\n- **(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. ★\n- **(3)** On an ex parte motion, the court may order destruction of **all or part** of the drugs.\n- **(4)** A noticed motion proceeds under **§ 715.20**.", "in_force_on": "2026-05-31", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/cpl/715.10", "publisher": "Elyphived LLC"}