3.34 - A. Adjournment In Contemplation Of Dismissal

• Jurisdiction: New York

A. Adjournment in Contemplation of Dismissal

Common dispositions of misdemeanor charges and offenses (i.e., violations) vary depending on the practice of the locality. In some instances a prosecutor may consent to an adjournment in contemplation of dismissal (ACD).⁵⁰¹ The case is then adjourned for six months or one year, depending on the charges,⁵⁰² in anticipation of a dismissal. During this period, the People may request that the judge restore the case to the calendar if dismissal would not be in the furtherance of justice (e.g., if the defendant failed to abide by the conditions of the adjournment). Upon dismissal, the defendant’s...