Which term describes a pause in a case with the aim of eventual dismissal without a conviction?

• A. Adjournment
• B. Acknowledgement
• C. Affidavit
• D. Adjournment in contemplation of dismissal

Answer: (D)

In New York criminal procedure, an adjournment in contemplation of dismissal is a conditional pause in prosecution. The court defers ruling and, if the defendant complies with specified conditions (like staying out of trouble for a set period or paying restitution), the case is dismissed and no conviction is entered. If the conditions aren’t met, the case can proceed to trial on the original charges. This specific device is what makes the term describe a pause with the aim of eventual dismissal without a conviction.

For context: a plain adjournment is just a delay with no promise of dismissal, an acknowledgment is admitting the charges, and an affidavit is a sworn statement—none of these capture the conditional dismissal aspect as precisely as adjournment in contemplation of dismissal.