N.Y. Criminal Procedure Law § 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.