New York statute
N.Y. Criminal Procedure Law § 215.40 — Dismissal of action; effect thereof; records
Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
Part of Article 215: Adjournment In Contemplation of Dismissal For Purposes of Referring Selected Felonies to Dispute Resolution, New York Criminal Procedure Law.
Full text of N.Y. Criminal Procedure Law § 215.40
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.
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.
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