People v. Ford

OPINION OF THE COURT

Alan I. Friess, J.

The issue presented is whether a defendant may be granted an adjournment in contemplation of dismissal (ACD) under CPL 170.56, without the District Attorney’s consent, where the defendant has been granted a prior ACD under CPL 170.55. The resolution of this issue requires an interpretation of "such” in CPL 170.56 (subd 1, par [a]), a construction heretofore unreported.

On March 19, 1979 this defendant was arrested for criminal sale and possession of marihuana and resisting arrest. With the consent of the District Attorney's office, all charges were ACD’ed…