N.Y. Criminal Procedure Law Section 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.

Source: Section 140.45 — Arrest without a warrant; dismissal of insufficient local criminal court accusatory instrument, https://www.­nysenate.­gov/legislation/laws/CPL/140.­45 (updated Sep. 22, 2014; accessed Dec. 13, 2025).

Green check means up to date. Up to date

Verified:
Dec. 13, 2025

Last modified:
Sep. 22, 2014

§ 140.45. Arrest without a warrant's source at nysenate​.gov

Link Style