The motion court correctly determined that Criminal Court did not vacate the adjournment in contemplation of dismissal (ACD) agreed to by plaintiff and the People in the underlying criminal action, and then dismiss that action because the People did not want to prosecute. Plaintiff did not contest the ACD for 5½ months. Then, only two weeks before the charge was to be dismissed pursuant to the ACD, plaintiff moved to vacate the ACD on the ground that he was not informed...
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