N.Y. CPL Law § 715.10

§ 715.10 Pretrial motion to destroy dangerous drugs.\n 1. Subject to the limitations in paragraph (b) of subdivision two\nhereof a district attorney may move in a superior court for an order of\ndestruction of the dangerous drugs in felony cases involving the\npossession or sale of such drugs.\n 2. A motion for an order of destruction of dangerous drugs shall be\nin writing, have attached thereto a copy of the report of analysis and\nshall be made in the following manner:\n (a) Ex parte; where no defendants have been arrested in connection\nwith the seizure of such drugs and a showing is made upon affidavit that\nthe likelihood of any future arrest in connection therewith is\nnonexistent; or\n (b) Upon notice, when a defendant has been arraigned in a superior\ncourt upon an indictment charging him with a felony involving the\npossession or sale of a dangerous drug and the dangerous drugs sought to\nbe destroyed are material to the prosecution of said indictment.\n 3. When such motion is ex parte, the court may order the destruction\nof all or part of the subject drugs.\n 4. When such motion is upon notice, further proceedings shall be had\nas provided in section 715.20 hereof.\n