What is the legal test for dismissing an accusatory instrument in the interest of justice?
The following excerpt is from People v. Jones, 126 Misc.2d 919, 484 N.Y.S.2d 415 (N.Y. City Ct. 1984):
Relatedly, it is to be remembered that one of the reforms effected through the years in the procedure to dismiss accusatory instruments in the interest of justice was to remove the power to do so from the offices of the District Attorney and Attorney-General and lodge it, instead, in the courts alone (Matter of McDonald v Sobel, 272 App Div 455, 461 affd 297 NY 679 People v Quill, 11 Misc2d 512, 513 ).
(People v. Rickert, 58 N.Y.2d 122, 131-132, 459 N.Y.S.2d 734, 446 N.E.2d 419, supra.)
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