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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 New York State, a case subject to an ACD is normally dismissed and sealed on the date of adjournment, [9] except on objection from the prosecution. [10] There is a separate provision for ACDs involving marijuana in the state of New York, under CPL 170.56. [11]
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 ...
In law, a summary judgment, also referred to as judgment as a matter of law or summary disposition, [1] is a judgment entered by a court for one party and against another party summarily, i.e., without a full trial. Summary judgments may be issued on the merits of an entire case, or on discrete issues in that case.
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 ...
The New York State Court of Appeals is the state's highest court. In civil cases, appeals are taken almost exclusively from decisions of the Appellate Divisions. In criminal cases, depending on the type of case and the part of the state in which it arose, appeals can be heard from decisions of the Appellate Division, the Appellate Term, and the County Court.
At the state level, New York's lowest court of general jurisdiction is the New York Supreme Court, which is overseen by 4 appellate divisions and, ultimately, the New York Court of Appeals. Additionally, municipalities are authorized to operate city, town, village, and district courts for low-level matters. [ 1 ]
In New York State, a similar process is known as adjournment in contemplation of dismissal (ACOD). What typically happens in such a case is that the potential sentence is deferred for six months, and if the defendant stays out of trouble, the charge is dropped entirely with no public record of the offense.