Statute · New York Criminal Procedure Law
N.Y. Crim. Proc. Law § 140.45 — Arrest without a warrant; dismissal of insufficient local criminal court accusatory instrument
N.Y. Crim. Proc. Law § 140.45
- Type
- Statute
- Source
- New York Criminal Procedure Law
- Jurisdiction
- New York
- Current through
- Nov 4, 2026 (NY Senate Open Legislation)
§ 140.45 Arrest without a warrant; dismissal of insufficient local
Citator
N.Y. Crim. Proc. Law § 140.45 — Arrest without a warrant; dismissal of insufficient local criminal court accusatory instrument is in force in the current edition of the Code, and nothing recorded condemns it.
§ 140.45 Arrest without a warrant; dismissal of insufficient local
criminal court accusatory instrument.
If a local criminal court accusatory instrument filed with a local criminal court pursuant to section 140.20, 140.25 or 140.40 is not sufficient on its face, as prescribed in section 100.40, and if the court is satisfied that on the basis of the available facts or evidence it would be impossible to draw and file an accusatory instrument which is sufficient on its face, it must dismiss such accusatory instrument and discharge the defendant.