§ 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 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 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.
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.
I also got one of my buddies off cause he caught a UPM on the stop also.
Another friend caught the full charge he tho he asked for an ACOD because he had prior charges.