N.Y. Criminal Procedure Law § 170.40: Motion to dismiss information, simplified traffic information, prosecutor's information or misdemeanor complaint; in furtherance of justice

§ 170.40 Motion to dismiss information, simplified traffic information,

prosecutor's information or misdemeanor complaint; in

furtherance of justice.

1. An information, a simplified traffic information, a prosecutor's

information or a misdemeanor complaint, or any count thereof, may be

dismissed in the interest of justice, as provided in paragraph (g) of

subdivision one of section 170.30 when, even though there may be no

basis for dismissal as a matter of law upon any ground specified in

paragraphs (a) through (f) of said subdivision one of section 170.30,

such dismissal is required as a matter of judicial discretion by the

existence of some compelling factor, consideration or circumstance

clearly demonstrating that conviction or prosecution of the defendant

upon such accusatory instrument or count would constitute or result in

injustice. In determining whether such compelling factor, consideration,

or circumstance exists, the court must, to the extent applicable,

examine and consider, individually and collectively, the following:

(a) the seriousness and circumstances of the offense;

(b) the extent of harm caused by the offense;

(c) the evidence of guilt, whether admissible or inadmissible at

trial;

(d) the history, character and condition of the defendant;

(e) any exceptionally serious misconduct of law enforcement personnel

in the investigation, arrest and prosecution of the defendant;

(f) the purpose and effect of imposing upon the defendant a sentence

authorized for the offense;

(g) the impact of a dismissal on the safety or welfare of the

community;

(h) the impact of a dismissal upon the confidence of the public in

the criminal justice system;

(i) where the court deems it appropriate, the attitude of the

complainant or victim with respect to the motion;

(j) any other relevant fact indicating that a judgment of conviction

would serve no useful purpose.

2. An order dismissing an accusatory instrument specified in

subdivision one in the interest of justice may be issued upon motion of

the people or of the court itself as well as upon that of the defendant.

Upon issuing such an order, the court must set forth its reasons

therefor upon the record.