City Judge Adrian N. Armstrong

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Williams, charged with aggravated DWI, moved for dismissal in the interest of justice, among other things. It was alleged officers observed Williams sleeping in a double-parked car with the engine running, with an open bottle of Jack Daniels in the center console and a cup filled with an alcoholic beverage. Williams was asked if he was drinking, and he responded, “yes, but I wasn’t driving.” Officers observed Williams’ speech was slurred, and alcohol was emanating from his breath, and he failed field sobriety tests. Williams was arrested, and a chemical test revealed a .21 percent BAC. Williams requested the court note he had no criminal record, and despite challenges faced as a “product of an urban community,” he successfully graduated from Morehouse College, and was employed with goals of obtaining an advanced degree, that would be hindered by this prosecution. The court considered factors enumerated in CPL §170.40(1), agreeing that Williams had an excellent civic and personal history, but same were insufficient to justify dismissal in furtherance of justice. It noted Williams’ background may be a mitigating factor in plea negotiations or sentencing, but found no compelling circumstances shown that conviction would constitute or result in injustice, denying dismissal.