Judge Adrian N. Armstrong

Peterson, charged with assault and reckless endangerment, made a Clayton motion to dismiss the information in the interest of justice. The accusatory instrument alleged 57 year old Peterson, while walking her two dogs, lost control of one, a pitbull, which charged at victim, Bassey, and attacked her, biting her face resulting in the bottom part of her lip and chin being bitten off. Further, police discovered the dog's vaccinations and dog license were expired on the day in question. Peterson claimed her lack of criminal history and lack of intent to commit the crime warranted dismissal in the interest of justice, noting the incident was simply an accident with tragic results. The court found none of the enumerated factors provided a basis for dismissal under CPL §170.40, stating the fact Peterson had no prior record and an exemplary background was insufficient to justify the court's exercise of its discretion to dismiss. It noted Peterson's lack of criminal history may be a mitigating factor in plea negotiations or sentencing, but a Clayton motion was an inappropriate mechanism for her claims of innocence. Thus, the court concluded no compelling factors or circumstances demonstrated that conviction or prosecution would result in an injustice to Peterson, denying the motion.