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The Laws of New York
Consolidated Laws of New York
CHAPTER 11-A
Criminal Procedure
PART 2
The Principal Proceedings
TITLE H
Preliminary Proceedings In Local Criminal Court
ARTICLE 140
Arrest Without a Warrant
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SECTION 140.40
Arrest without a warrant; by person acting other than as a police officer or a peace officer; procedure after arrest
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ARTICLE 140
Arrest Without a Warrant
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SECTION 140.50
Temporary questioning of persons in public places; search for weapons
This entry was published on 2014-09-22
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SECTION 140.45
Arrest without a warrant; dismissal of insufficient local criminal court accusatory instrument
Criminal Procedure (CPL) CHAPTER 11-A, PART 2, TITLE H, ARTICLE 140
§ 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.