§ 170.56 Adjournment in contemplation of dismissal in cases involving

marihuana.

1. Upon or after arraignment in a local criminal court upon an
information, a prosecutor's information or a misdemeanor complaint,
where the sole remaining count or counts charge a violation or
violations of section 222.10, 222.15, 222.25, 222.30, 222.45 or 222.50
of the penal law, or upon summons for a nuisance offense under section
sixty-five-c of the alcoholic beverage control law and before the entry
of a plea of guilty thereto or commencement of a trial thereof, the
court, upon motion of a defendant, may order that all proceedings be
suspended and the action adjourned in contemplation of dismissal, or
upon a finding that adjournment would not be necessary or appropriate
and the setting forth in the record of the reasons for such findings,
may dismiss in furtherance of justice the accusatory instrument;
provided, however, that the court may not order such adjournment in
contemplation of dismissal or dismiss the accusatory instrument if: (a)
the defendant has previously been granted such adjournment in
contemplation of dismissal, or (b) the defendant has previously been
granted a dismissal under this section, or (c) the defendant has
previously been convicted of any offense involving controlled
substances, or (d) the defendant has previously been convicted of a
crime and the district attorney does not consent or (e) the defendant
has previously been adjudicated a youthful offender on the basis of any
act or acts involving controlled substances and the district attorney
does not consent. Notwithstanding the limitations set forth in this
subdivision, the court may order that all proceedings be suspended and
the action adjourned in contemplation of dismissal based upon a finding
of exceptional circumstances. For purposes of this subdivision,
exceptional circumstances exist when, regardless of the ultimate
disposition of the case, the entry of a plea of guilty is likely to
result in severe or ongoing consequences, including, but not limited to,
potential or actual immigration consequences.

2. Upon ordering the action adjourned in contemplation of dismissal,
the court must set and specify such conditions for the adjournment as
may be appropriate, and such conditions may include placing the
defendant under the supervision of any public or private agency. At any
time prior to dismissal the court may modify the conditions or extend or
reduce the term of the adjournment, except that the total period of
adjournment shall not exceed twelve months. Upon violation of any
condition fixed by the court, the court may revoke its order and restore
the case to the calendar and the prosecution thereupon must proceed. If
the case is not so restored to the calendar during the period fixed by
the court, the accusatory instrument is, at the expiration of such
period, deemed to have been dismissed in the furtherance of justice.

3. Upon or after dismissal of such charges against a defendant not
previously convicted of a crime, the court shall order that all official
records and papers, relating to the defendant's arrest and prosecution,
whether on file with the court, a police agency, or the New York state
division of criminal justice services, be sealed and, except as
otherwise provided in paragraph (d) of subdivision one of section 160.50
of this chapter, not made available to any person or public or private
agency; except, such records shall be made available under order of a
court for the purpose of determining whether, in subsequent proceedings,
such person qualifies under this section for a dismissal or adjournment
in contemplation of dismissal of the accusatory instrument.

4. Upon the granting of an order pursuant to subdivision three, the
arrest and prosecution shall be deemed a nullity and the defendant shall
be restored, in contemplation of law, to the status he occupied before
his arrest and prosecution.