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Second Disorderly Conduct

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help2016

Junior Member
What is the name of your state (only U.S. law)? New York

I was given an ACD by a court in upstate New York over six moths ago for a Disorderly Conduct. I was recently given another Disorderly conduct in Manhattan New York for fighting or being aggressive, Im not sure because the police officer never said what it was for. However, no punches were thrown, no grabbing or any of that sort, just mainly arguing. I now have to appear in court in Manhattan and I am worried that my previous ACD will show up, or is it expunged?
 


HomeGuru

Senior Member
What is the name of your state (only U.S. law)? New York

I was given an ACD by a court in upstate New York over six moths ago for a Disorderly Conduct. I was recently given another Disorderly conduct in Manhattan New York for fighting or being aggressive, Im not sure because the police officer never said what it was for. However, no punches were thrown, no grabbing or any of that sort, just mainly arguing. I now have to appear in court in Manhattan and I am worried that my previous ACD will show up, or is it expunged?
**A: sorry, I can't tell from here.
 

You Are Guilty

Senior Member
Unless you've done something more than you've mentioned, it won't be expunged, but what were the terms of your first ACD. If it was a 1 or 6 month deal, then it has been dismissed and does not "count" against your new one. If it was a 12 month ACD, then it may be revived if you plead (or are found) guilty to this new one.

As they say, speak to a local lawyer if you have concerns.
 

tranquility

Senior Member
If you were not renewed within six months it was dismissed

http://codes.lp.findlaw.com/nycode/CPL/TWO/H/170/170.55

If the
case is not so restored within such six months or one year period, the
accusatory instrument is, at the expiration of such period, deemed to
have been dismissed by the court in furtherance of justice.
(The one year seem for marijuana or family matter arrests.)
 

help2016

Junior Member
It was a 6 month adjournment for my ACD. I'm just worried that even though it was dismissed it might still be able to be seen by the court in Manhattan. And if It would be alright for me to request an ACD for the Disorderly conduct I was recently given?
 

tranquility

Senior Member
The literal answer to your question is, no. The actual answer to your real question is, I don't know. Wait for YAG to come back.
 

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