What is the legal test for dismissing an accusatory instrument?

To be clear, it is not the decision of this court that the district attorney must prosecute this matter. As this court stated in People v. Jordan H., such is not within the province of this court. That is solely the prosecutor's decision and the court has no comment or say. However, that is not the issue at bar.

Here, as in People v. Jordan H., the sole issue is whether the court can dismiss a filed accusatory instrument without a party making a motion on a ground or grounds which are enumerated in the NYS Criminal Procedure Law. Since this instant motion does not set forth a ground for dismissal recognized by the law, it must be denied.