New York statute
N.Y. Criminal Procedure Law § 140.45 — Arrest without a warrant; dismissal of insufficient local criminal court accusatory instrument
Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
Part of Article 140: Arrest Without a Warrant, New York Criminal Procedure Law.
Full text of N.Y. Criminal Procedure Law § 140.45
Statutory text current through the 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17). This publication reproduces the text of the Consolidated Laws of New York as provided by the New York State Senate's Open Legislation service (Legislative Bill Drafting Commission statutory text); it is not the official statutes of the State of New York.
140.45 Arrest without a warrant; dismissal of insufficient local
criminal court accusatory instrument.
If a local criminal court accusatory instrument filed with a local
criminal court pursuant to section 140.20, 140.25 or 140.40 is not
sufficient on its face, as prescribed in section 100.40, and if the
court is satisfied that on the basis of the available facts or evidence
it would be impossible to draw and file an accusatory instrument which
is sufficient on its face, it must dismiss such accusatory instrument
and discharge the defendant.
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