New York Laws
Article 140 - Arrest Without a Warrant
140.45 - Arrest Without a Warrant; Dismissal of Insufficient Local Criminal Court Accusatory Instrument.


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.