An Adjournment in Contemplation of Dismissal (“ACD) is a type of dismissal of criminal charges, set forth in N.Y. Criminal Procedure Law 170.55. An ACD may be entered into at any time before a defendant pleads guilty, or the commencement of the criminal trial. The ACD can be requested by the prosecutor, the defendant, or the court with the consent of both the prosecutor and the defense. An ACD “is an adjournment of the action without date ordered with a view to ultimate dismissal of the accusatory instrument in furtherance of justice.” Under 170.55 (8)
The granting of an adjournment in contemplation of dismissal shall not
be deemed to be a conviction or an admission of guilt.