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This entry was published on 2014-09-22
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SECTION 715.10
Pretrial motion to destroy dangerous drugs
Criminal Procedure (CPL) CHAPTER 11-A, PART 3, TITLE T, ARTICLE 715
§ 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.