N.Y. Crim. Proc. Law § 170.40

§ 170.40 Motion to dismiss information, simplified traffic information,\n prosecutor's information or misdemeanor complaint; in\n furtherance of justice.\n 1. An information, a simplified traffic information, a prosecutor's\ninformation or a misdemeanor complaint, or any count thereof, may be\ndismissed in the interest of justice, as provided in paragraph (g) of\nsubdivision one of section 170.30 when, even though there may be no\nbasis for dismissal as a matter of law upon any ground specified in\nparagraphs (a) through (f) of said subdivision one of section 170.30,\nsuch dismissal is required as a matter of judicial discretion by the\nexistence of some compelling factor, consideration or circumstance\nclearly demonstrating that conviction or prosecution of the defendant\nupon such accusatory instrument or count would constitute or result in\ninjustice. In determining whether such compelling factor, consideration,\nor circumstance exists, the court must, to the extent applicable,\nexamine and consider, individually and collectively, 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 on the safety or welfare of the\ncommunity;\n (h) the impact of a dismissal upon the confidence of the public in\nthe criminal justice system;\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. An order dismissing an accusatory instrument specified in\nsubdivision one in the interest of justice may be issued upon motion of\nthe people or of the court itself as well as upon that of the defendant.\nUpon issuing such an order, the court must set forth its reasons\ntherefor upon the record.\n