People v. Stern

The defendant herein, charged with violation of section 155.25 of the Penal Law (petit larceny), moves to dismiss in the interest of justice pursuant to CPL 170.40. The wording of this section, the successor to section 671 of the Code of Criminal Procedure, gives the courts an extraordinary scope of discretion. It provides that although there can be no basis for dismissal as a matter of law, such dismissal is required by the existence of some compelling factor, consideration, or circumstance clearly demonstrating that conviction or prosecution of the defendant upon such accusatory instrument…