"Interests of Justice"

There are two provisions in the Criminal Procedure Law allowing a motion to dismiss "in the interests of justice". The provisions (I think it's 170.40 for dismissing an information or complaint, and 210.40 for dismissing indictments) include a laundry list of factors the judge "must" consider if raised and relevant.A few years ago I wrote an article aimed for law reviews, titled: A Substantive