Section 210.40. Motion to dismiss indictment; in furtherance of justice

1.  An indictment or any count thereof may be dismissed in furtherance
  of  justice,  as provided in paragraph (i) of subdivision one of section
  210.20, when, even though there may be  no  basis  for  dismissal  as  a
  matter of law upon any ground specified in paragraphs (a) through (h) of
  said  subdivision one of section 210.20, 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 indictment 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 upon the confidence of the public in
  the criminal justice system;
    (h)   the impact of a dismissal  on  the  safety  or  welfare  of  the
  community;
    (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.  In  addition  to  the grounds specified in subdivision one of this
  section, a count alleging enterprise corruption in violation of  article
  four  hundred sixty of the penal law may be dismissed in the interest of
  justice where prosecution of that count is inconsistent with the  stated
  legislative  findings  in  said  article. Upon a motion pursuant to this
  section, the court must inspect the evidence before the grand  jury  and
  such other evidence or information as it may deem proper.
 
    3.    An order dismissing an indictment 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.