In what circumstances will a defendant be denied a motion to dismiss or reduce a charge of assault before trial?

In People v. Williams, 120 Misc 2d 68, 78, 465 N.Y.S.2d 648 [Crim Ct, Bronx County 1983] the defendant asked that her charges be dismissed in the "interests of justice' and challenged the District Attorney's practice of reducing certain A misdemeanor cases (punishable by a maximum term of one year) to B misdemeanors (punishable by a maximum term of three months) on the eve of trial. The defense argued that the purpose of this practice was to deprive the defendant of the right to trial by jury. In denying the Defendant's Motion, the court stated

Thus, the ultimate decision to make or accept a plea offer is solely within the District Attorney's discretion. The District Attorney is under no obligation to offer a plea bargain, however, if the Prosecutor does choose to offer a plea, they are free to impose conditions which must be followed in order for the plea to stand (See People v. Antonio, 176 AD2d 528 and People v. Respress 231 AD2d 934.