2012 New York Consolidated Laws
CPL - Criminal Procedure
Part 2 - THE PRINCIPAL PROCEEDINGS
Title H - PRELIMINARY PROCEEDINGS IN LOCAL CRIMINAL COURT
Article 170 - (170.10 - 170.70) PROCEEDINGS UPON INFORMATION, SIMPLIFIED TRAFFIC INFORMATION, PROSECUTOR'S INFORMATION AND MISDEMEANOR COMPLAINT FROM ARRAIGNMENT TO PLEA
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.