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Certificates of Disposition are available from the clerk's office in either the Criminal Court or the Supreme Court, Criminal Term, both trial courts in New York City. [2] It is also available in all other city courts in Upstate New York, for example, Binghamton, New York, [3] and Plattsburgh, New York. [4]
In criminal procedure, an adjournment in contemplation of dismissal (ACD or ACOD) allows a court to defer the disposition of a defendant's case, with the potential that the defendant's charge will be dismissed if the defendant does not engage in additional criminal conduct or other acts prohibited by the court as a condition of the ACD.
A deferred adjudication, also known in some jurisdictions as an adjournment in contemplation of dismissal (ACOD), probation before judgment (PBJ), or deferred entry of judgment (DEJ), is a form of plea deal available in various jurisdictions, where a defendant pleads "guilty" or "no contest" to criminal charges in exchange for meeting certain requirements laid out by the court within an ...
In law, a dispositive motion is a motion seeking a trial court order entirely disposing of all or part of the claims in favor of the moving party without need for further trial court proceedings. "To dispose" of a claim means to decide the claim in favor of one or another party.
A person may petition the court for expungement if the charge did not result in conviction at any time. [56] When a person is convicted of a crime how they can get an expungement varies. If the charge was a summary conviction, then a person will become eligible when they are arrest and prosecution free for a period of five years. [56]
N.Y. Crim. Proc. Law § 210.40 grants the defendant (or the prosecutor or the court) the power to apply for relief: . First, it directs the court to find, under the general concept of the "furtherance of justice" stated in its provisions, that the "dismissal is required as a matter of judicial discretion by the existence of some compelling factor, consideration or circumstance clearly ...
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