The following excerpt is from People v. Thompson, 2015 NY Slip Op 31792 (U) (N.Y. Cty. Ct. 2015):
In addition, a motion to dismiss in the interest of justice is not an appropriate mechanism for a defendant to assert his innocence. People v. Hold, 22 Misc.3d 297 (Crim. Ct., Kings County, 2008).
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