N.Y. FCT Law § 315.2

§ 315.2. Motion to dismiss in furtherance of justice. 1. A petition or\nany part or count thereof may at any time be dismissed in furtherance of\njustice when, even though there may be no basis for dismissal as a\nmatter of law, such dismissal is required as a matter of judicial\ndiscretion by the existence of some compelling further consideration or\ncircumstances clearly demonstrating that a finding of delinquency or\ncontinued proceedings would constitute or result in injustice. In\ndetermining whether such compelling further consideration or\ncircumstances exist, the court shall, to the extent applicable, examine\nand consider, individually and collectively, the following:\n (a) the seriousness and circumstances of the crime;\n (b) the extent of harm caused by the crime;\n (c) any exceptionally serious misconduct of law enforcement personnel\nin the investigation and arrest of the respondent or in the presentment\nof the petition;\n (d) the history, character and condition of the respondent;\n (e) the needs and best interest of the respondent;\n (f) the need for protection of the community; and\n (g) any other relevant fact indicating that a finding would serve no\nuseful purpose.\n 2. An order dismissing a petition in the interest of justice may be\nissued upon motion of the presentment agency, the court itself or of the\nrespondent. Upon issuing such an order, the court must set forth its\nreasons therefor upon the record.\n 3. Such a motion brought by the presentment agency or the respondent\nmust be in writing and may be filed at any time subsequent to the filing\nof the petition. Notice of the motion shall be served upon the opposing\nparty not less than eight days prior to the return date of the motion.\nAnswering affidavits shall be served at least two days prior to the\nreturn date of such motion.\n