|715.05||Dangerous drugs; definition.|
|715.10||Pretrial motion to destroy dangerous drugs.|
|715.20||Proceedings on motion upon notice.|
|715.30||Orders of the court.|
|715.40||Affidavit of destruction.|
|715.50||Analysis of dangerous drugs.|
S 715.05 Dangerous drugs; definition. "Dangerous drugs" means any substance listed in schedule I, II, III, IV or V of section thirty-three hundred six of the public health law. S 715.10 Pretrial motion to destroy dangerous drugs. 1. Subject to the limitations in paragraph (b) of subdivision two hereof a district attorney may move in a superior court for an order of destruction of the dangerous drugs in felony cases involving the possession or sale of such drugs. 2. A motion for an order of destruction of dangerous drugs shall be in writing, have attached thereto a copy of the report of analysis and shall be made in the following manner: (a) Ex parte; where no defendants have been arrested in connection with the seizure of such drugs and a showing is made upon affidavit that the likelihood of any future arrest in connection therewith is nonexistent; or (b) Upon notice, when a defendant has been arraigned in a superior court upon an indictment charging him with a felony involving the possession or sale of a dangerous drug and the dangerous drugs sought to be destroyed are material to the prosecution of said indictment. 3. When such motion is ex parte, the court may order the destruction of all or part of the subject drugs. 4. When such motion is upon notice, further proceedings shall be had as provided in section 715.20 hereof. S 715.20 Proceedings on motion upon notice. 1. When such motion is on notice, a hearing thereon shall be held by the court before which it is returnable not later than thirty days after the return date and the defendant shall be present at such hearing. 2. A hearing held pursuant to this section shall be conducted and recorded in the same manner as would be required were the witnesses testifying at trial. The district attorney shall establish by competent evidence the nature and quantity of the dangerous drugs which are the subject of the motion. Each party shall have the right to call and cross examine witnesses and to register objections and to receive rulings of the court thereon. 3. If the court finds upon the conclusion of the hearing that neither the prosecution nor the defendant will be prejudiced thereby it may grant the motion and may make such order as it may deem appropriate for the destruction of part or all of such drugs. 4. A defendant may waive such hearing and consent to the granting of the motion and entry of an order of destruction either by sworn affidavit or by personal appearance in court and declaration on the record of such waiver and consent. S 715.30 Orders of the court. 1. In any proceeding brought pursuant to this article, the court may grant or deny any motion made hereunder or the relief requested therein in whole or in part and issue any order thereon as it may deem proper and as the interests of justice may require in order to effectuate the provisions of this article. 2. An order of destruction of a dangerous drug issued by the court pursuant to this article shall state the time within which the provisions of such order are to be complied with. It shall direct the person having custody of the drug to make provision for the destruction thereof in the presence of at least two witnesses, at least one of whom shall be a police officer. S 715.40 Affidavit of destruction. An affidavit attesting to the date, time, place and manner of destruction of a dangerous drug pursuant to an order therefor and identifying the same by reference to the report of analysis or by other identifying number or system and the order of the court issued thereon, shall be filed with the court by the person who destroyed the drugs and by each of the witnesses required to be present by subdivision two of section 715.30 of this article. S 715.50 Analysis of dangerous drugs. 1. On and after September first, nineteen hundred seventy-three, in every felony case involving the possession or sale of a dangerous drug, the head of the agency charged with custody of such drugs, or his designee, shall within forty-five days after receipt thereof perform or cause to be performed an analysis of such drugs, such analysis to include qualitative identification; weight and quantity where appropriate. 2. Within ten days after the report of such analysis is received by such agency, the head thereof or his designee shall forward a copy thereof to the appropriate district attorney and inform him of the location where the subject drugs are being held. 3. The failure to have an analysis made or to forward a copy thereof within the time specified in subdivisions one and two of this section shall not be deemed or construed to bar the making or granting of a motion pursuant to this article or to the prosecution of a case involving such drugs. Top of Page
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