1. The Laws of New York
  2. Consolidated Laws
  3. Criminal Procedure
  4. Part 2: The Principal Proceedings
  5. Title H: Preliminary Proceedings In Local Criminal Court
  6. Article 140: Arrest Without a Warrant


Section 140.45 Arrest without a warrant; dismissal of insufficient local criminal court accusatory instrument

Criminal Procedure (CPL)

§ 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.