J. Dismissal of Indictment

JurisdictionNew York

J. Dismissal of Indictment

Section 730.60(5) of the CPL contains a mechanism for defendants to request dismissal of an outstanding indictment. Upon motion of the defendant and with the consent of the district attorney, the indictment may be dismissed when (1) the court is satisfied that the defendant is a resident of another state or county and that he or she will be taken there once the indictment is dismissed, or (2) the defendant has been in the commissioner’s custody for more than two years. In either...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT