CPL 215.40 · Article 215. Adjournment In Contemplation of Dismissal For Purposes of Referring Selected Felonies to Dispute Resolution
Dismissal of action; effect thereof; records
Text — Law content up to date as of October 2, 2026, as published by the New York State Senate (Open Legislation)
§ 215.40 Dismissal of action; effect thereof; records.
If an action has not been restored to the calendar within six months, or where the defendant has agreed to pay a fine, restitution or reparation but has not paid such fine, restitution or reparation, within one year, of the issuance of an order adjourning the action in contemplation of dismissal, the accusatory instrument shall be deemed to have been dismissed by the court in furtherance of justice at the expiration of such six month or one year period, as the case may be. Upon dismissal of an action, the arrest and prosecution shall be deemed a nullity, and defendant shall be restored to the status he or she occupied before his or her arrest and prosecution. All papers and records relating to an action that has been dismissed pursuant to this section shall be subject to the sealing provisions of section 160.50 of this chapter.
Source of truth
- Edition
- Law content up to date as of October 2, 2026, as published by the New York State Senate (Open Legislation)
- Official file
- https://legislation.nysenate.gov/pdf/laws/CPL215.40
- Text hash
- sha256 55dae2278c2ab047c056561aae4dad6eae4aaac39616a61bb54b83314f66531e
- Composed by
- gen_ny_statutes.py 2026-11-10: the Senate's Open Legislation law tree (GET /api/3/laws/<ID>?full=true) read in document order; the Senate's PDF of the whole law (GET /pdf/laws/<ID>?full=true), read with PDFium, prints the same words in the same order
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