§ 210.40 Motion to dismiss indictment; in furtherance of justice.\n 1. An indictment or any count thereof may be dismissed in furtherance\nof justice, as provided in paragraph (i) of subdivision one of section\n210.20, when, even though there may be no basis for dismissal as a\nmatter of law upon any ground specified in paragraphs (a) through (h) of\nsaid subdivision one of section 210.20, such dismissal is required as a\nmatter of judicial discretion by the existence of some compelling\nfactor, consideration or circumstance clearly demonstrating that\nconviction or prosecution of the defendant upon such indictment or count\nwould constitute or result in injustice. In determining whether such\ncompelling factor, consideration, or circumstance exists, the court\nmust, to the extent applicable, examine and consider, individually and\ncollectively, the following:\n (a) the seriousness and circumstances of the offense;\n (b) the extent of harm caused by the offense;\n (c) the evidence of guilt, whether admissible or inadmissible at\ntrial;\n (d) the history, character and condition of the defendant;\n (e) any exceptionally serious misconduct of law enforcement personnel\nin the investigation, arrest and prosecution of the defendant;\n (f) the purpose and effect of imposing upon the defendant a sentence\nauthorized for the offense;\n (g) the impact of a dismissal upon the confidence of the public in\nthe criminal justice system;\n (h) the impact of a dismissal on the safety or welfare of the\ncommunity;\n (i) where the court deems it appropriate, the attitude of the\ncomplainant or victim with respect to the motion;\n (j) any other relevant fact indicating that a judgment of conviction\nwould serve no useful purpose.\n 2. In addition to the grounds specified in subdivision one of this\nsection, a count alleging enterprise corruption in violation of article\nfour hundred sixty of the penal law may be dismissed in the interest of\njustice where prosecution of that count is inconsistent with the stated\nlegislative findings in said article. Upon a motion pursuant to this\nsection, the court must inspect the evidence before the grand jury and\nsuch other evidence or information as it may deem proper.\n 3. An order dismissing an indictment in the interest of justice may\nbe issued upon motion of the people or of the court itself as well as\nupon that of the defendant. Upon issuing such an order, the court must\nset forth its reasons therefor upon the record.\n
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.