People v Sibri-Arevalo

Holding The court denied the defendant’s motion to dismiss charges in the interests of justice under CPL 170.40, finding that the potential loss of DACA status did not constitute a compelling reason warranting dismissal. The court determined that the case did not cry out for fundamental justice beyond conventional considerations, particularly given the seriousness of drunk driving offenses.

The court’s words

the loss of her DACA status as a result of the expected outcome here is not a certainty at all

89 Misc 3d 908, at the official text

defendant’s possible loss of her DACA status is not a sufficient mitigating factor to dismiss the criminal charge in the interests of justice

89 Misc 3d 908, at the official text

this case requires justice within the demands of conventional consideration, and does not cry out for fundamental justice beyond that framework

89 Misc 3d 908, at the official text