New York Laws
Article 170 - 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.

(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.

Structure New York Laws