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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
    • Viewing most recent revision (from 2014-09-22)

    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.