People v. Vernon

The issue now ruled on is narrow and ad hoc. It is whether on the prospective hearing of the particular motion to be held pursuant to CPL 210.40 (subd 1) to dismiss the indictment or one count of it in furtherance of justice, on the ground that dismissal is required as a matter of judicial discretion by the existence of some compelling factor, consideration or circumstances demonstrating that conviction or prosecution of the defendant would constitute or result in injustice, colloquially labeled a "Clayton hearing,” (People v Clayton, 41 AD2d 204), the court is prohibited from granting a…