Article 215 Adjournment in Contemplation of Dismissal

Question 1

CPL 215.10, 215.30
Select all correct statements concerning the referral of certain offenses to dispute resolution:
(a) Upon referral, the action must be dismissed
(b) Upon referral, the defendant must be released on his own recognizance
(c) Consent of the people and defendant, and reasonable notice to the victim, is required
(d) Some felonies, but not all, may be so referred.

Answer 1

Answers: (b), (c) and (d)
Choices (b), (c) and (d) are correct (CPL 215.10, 215.30).

The action is adjourned in contemplation of dismissal, for the purpose of referral to a dispute resolution service. The defendant is released on his own recognizance. If dispute resolution is unsuccessful or defendant fails to comply with its terms, the case may be restored to the calendar on application by the prosecution. If dispute resolution is successful, the action is dismissed, or deemed dismissed, as provided by CPL 215.40.