Section 215.10. Referral of selected felonies to dispute resolution  


Latest version.
  • Upon  or  after  arraignment  in  a local criminal court upon a felony
      complaint, or upon or after arraignment in  a  superior  court  upon  an
      indictment  or  superior court information, and before final disposition
      thereof, the court, with the consent of the people and of the defendant,
      and with reasonable notice to the victim  and  an  opportunity  for  the
      victim  to  be  heard,  may  order  that  the  action  be  adjourned  in
      contemplation of dismissal, for the purpose of referring the action to a
      community dispute center established pursuant to article twenty-one-A of
      the judiciary law. Provided, however, that the court may not  order  any
      action  adjourned  in  contemplation  of  dismissal  if the defendant is
      charged therein with: (i) a class A felony, or  (ii)  a  violent  felony
      offense  as defined in section 70.02 of the penal law, or (iii) any drug
      offense as defined in article two hundred twenty of the  penal  law,  or
      (iv)  a  felony upon the conviction of which defendant must be sentenced
      as a second felony offender, a second  violent  felony  offender,  or  a
      persistent violent felony offender pursuant to sections 70.06, 70.04 and
      70.08  of  the  penal  law,  or  a  felony  upon the conviction of which
      defendant may be sentenced as a persistent felony offender  pursuant  to
      section 70.10 of such law.