New York State Court Clerk Practice Exam

Which entity can move for dismissal of an accusatory instrument based on the interest of justice?

1. Only the District Attorney

2. The people, the defense, or the jury

3. The people, the court, or the defendant

4. Only the court or a judge

The correct answer is: The people, the court, or the defendant

The ability to move for dismissal of an accusatory instrument based on the interest of justice is typically vested in the court, the people (which can include the prosecution), or the defendant. This reflects the legal principle that the court has the authority to ensure fairness in the judicial process, the prosecution can choose to withdraw charges in certain circumstances, and the defendant has rights that allow them to seek dismissal if it serves justice. This mechanism allows for judicial discretion and underscores the importance of balancing the interests of the state with the rights and needs of the individual. By permitting these parties to seek a dismissal based on the interest of justice, the legal system acknowledges that, in some cases, pursuing a case may not be in the best interest of justice, whether due to evidence issues, procedural matters, or considerations regarding the defendant's rights.