N.Y. Laws » CHAPTER Criminal Procedure / PART The Principal Proceedings / TITLE Preliminary Proceedings In Local Criminal Court / ARTICLE Proceedings Upon Information, Simplified Traffic Information, Prosecutor's Information and Misdemeanor Complaint From Arraignment to Plea
New York Consolidated Laws

N.Y. Criminal Procedure Law § 170.40 (2026)

Motion to dismiss information, simplified traffic information, prosecutor's information or misdemeanor complaint; in furtherance of justice

✓ current as of May 2026
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§ 170.40 Motion to dismiss information, simplified traffic information,
        prosecutor's information or misdemeanor complaint; in
        furtherance of justice.
  1.  An information, a simplified traffic information, a prosecutor's
information or a misdemeanor complaint, or any count thereof, may be
dismissed in the interest of justice, as provided in paragraph (g) of
subdivision one of section 170.30 when, even though there may be no
basis for dismissal as a matter of law upon any ground specified in
paragraphs (a) through (f) of said subdivision one of section 170.30,
such 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 such accusatory instrument or count would constitute or result in
injustice. In determining whether such compelling factor, consideration,
or circumstance exists, the court must, to the extent applicable,
examine and consider, individually and collectively, the following:
  (a)  the seriousness and circumstances of the offense;
  (b)  the extent of harm caused by the offense;
  (c)  the evidence of guilt, whether admissible or inadmissible at
trial;
  (d)  the history, character and condition of the defendant;
  (e)  any exceptionally serious misconduct of law enforcement personnel
in the investigation, arrest and prosecution of the defendant;
  (f)  the purpose and effect of imposing upon the defendant a sentence
authorized for the offense;
  (g)  the impact of a dismissal on the safety or welfare of the
community;
  (h)  the impact of a dismissal upon the confidence of the public in
the criminal justice system;
  (i)  where the court deems it appropriate, the attitude of the
complainant or victim with respect to the motion;
  (j)  any other relevant fact indicating that a judgment of conviction
would serve no useful purpose.
  2.  An order dismissing an accusatory instrument specified in
subdivision one in the interest of justice may be issued upon motion of
the people or of the court itself as well as upon that of the defendant.
Upon issuing such an order, the court must set forth its reasons
therefor upon the record.
Notes of Decisions
Cited in 7 cases, 2003–2015 · leading case: People v. Gragert, 1 Misc. 3d 646 (N.Y. City Crim. Ct. 2003).
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People v. Gragert, 1 Misc. 3d 646 (N.Y. City Crim. Ct. 2003). · cites it 5× “) The remedy of dismissal in the interest of justice, while having a “respected place in the common law” (People v Rickert, 58 NY2d 122, 126 [1983]), is now governed by Criminal Procedure Law § 170.40 (1). The statute, which was amended in 1979, authorizes a court to dismiss an…”
Matter of P. David Soares v. William A. Carter, 32 N.E.3d 390 (NY 2015). “* The People indicated that they chose not to move to dismiss the charges pursuant to Criminal Procedure Law § 170.40 (1), because in their view the Judge would likely deny the motion.”
People v. Gallagher, 50 Misc. 3d 317 (N.Y. City Crim. Ct. 2015). “Criminal Procedure Law § 170.40 (1) provides that a court, in its discretion, may dismiss an information when there exists “some compelling factor, consideration or circumstance clearly demonstrating that conviction or prosecution of the defendant upon such accusatory instrument…”
People v. Haugh, 26 Misc. 3d 1029 (2009). · cites it 2× “” Analysis Criminal Procedure Law § 170.40 (1) gives a court the authority to dismiss an information, a simplified traffic information, a prosecutor’s information, or a misdemeanor complaint in the interest of justice, even though there may be no basis for dismissal as a matter…”
People v. Abramo, 16 Misc. 3d 306 (2007). “As noted by the court in People v Gragert ( 1 Misc 3d 646, 648 [2003]): “When deciding a motion to dismiss in the interest of justice, it is not necessary to engage in a point- *311 by-point ‘catechistic’ discussion of all 10 factors listed under Criminal Procedure Law § 170.40…”
People v. Valentine, 32 Misc. 3d 930 (2011). “In the case at bar, to determine if a dismissal is warranted in the interest of justice this court must consider the statutory factors set forth in Criminal Procedure Law § 170.40. In making this determination the court has used the affidavits submitted for and against the…”
Matter of M.B., 2004 NY Slip Op 51496(U) (N.Y. Fam. Ct., Nassau Cty. 2004). “dismissing the petition in the interests of justice pursuant to Criminal Procedure Law §170.40(1)(e); 4. dismissing the "information," pursuant to Criminal Pro-cedure Law §170.”
— N.Y. Criminal Procedure Law § 170.40(1)(e) — 1 case
Matter of M.B., 2004 NY Slip Op 51496(U) (N.Y. Fam. Ct., Nassau Cty. 2004). “dismissing the petition in the interests of justice pursuant to Criminal Procedure Law §170.40(1)(e); 4. dismissing the "information," pursuant to Criminal Pro-cedure Law §170.”
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