New York statute
N.Y. Criminal Procedure Law § 715.10 — Pretrial motion to destroy dangerous drugs
Current through 2026 legislative session (LBDC text via OpenLegislation as of 2026-07-17)
Part of Article 715: Destruction of Dangerous Drugs, New York Criminal Procedure Law.
Full text of N.Y. Criminal Procedure Law § 715.10
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.
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 sources
Legal terms used in this section
This reference is informational and is not legal advice.