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This entry was published on 2014-09-22
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SECTION 170.40
Motion to dismiss information, simplified traffic information, prosecutor's information or misdemeanor complaint; in furtherance of justice
Criminal Procedure (CPL) CHAPTER 11-A, PART 2, TITLE H, ARTICLE 170
§ 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.