What are the factors used to determine whether a motion to dismiss a police community support officer (PCSO) has been successful?

"New York", United States of America

The following excerpt is from People v. Cuevas, 2015 NY Slip Op 50890 (U) (N.Y. Crim. Ct. 2015):

1.These factors are: (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 and 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; and (j) any other relevant fact indicating that a judgment of conviction would serve no useful purpose.

2.All evidence gathered by way of an unlawful search and seizure is inadmissible. Mapp v. Ohio, 367 U.S.643 (1961).

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