New York Consolidated Laws
N.Y. Criminal Procedure Law § 140.45 (2026)
Arrest without a warrant; dismissal of insufficient local criminal court accusatory instrument
✓ current as of May 2026
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§ 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.
Notes of Decisions
Cited in 2
cases, 2003–2012 · leading case: People v. Cobb, 2 Misc. 3d 237 (N.Y. City Crim. Ct. 2003).
People v. Cobb, 2 Misc. 3d 237 (N.Y. City Crim. Ct. 2003). “) Likewise, Criminal Procedure Law § 140.45, the statutory provision which requires a local criminal court to make a facial sufficiency/reasonable cause assessment of the accusatory instrument at arraignment (People v Hernandez, 98 NY2d 8 [2002]), provides that a local criminal…”
People v. Martini, 36 Misc. 3d 729 (N.Y. City Crim. Ct. 2012). “On June 13, 2012, at the defendant Victor Martini’s arraignment on a superceding information, the court orally dismissed the charge of menacing in the third degree as facially insufficient pursuant to Criminal Procedure Law § 140.45. This written decision explains the basis for…”
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