What is the test for a motion to dismiss in the interest of justice?
The following excerpt is from People v. Khan, 2007 NY Slip Op 50947(U) (N.Y. Crim. Ct. 5/7/2007), 2007 NY Slip Op 50947 (N.Y. Crim. Ct. 2007):
A motion to dismiss in the interest of justice may be granted only when "dismissal is required as a matter of judicial discretion by the existence of some compelling factor, consideration or circumstance clearly demonstrating that conviction or prosecution of the defendant upon [the] accusatory instrument . . . would constitute or result in injustice" (CPL 170.40 [1]; see People v. Diggs, 125 AD2d 189, 191 [1st Dept 1986]). No such compelling circumstance has been clearly demonstrated here.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
