Is a motion to dismiss in the interests of justice, CPL 210.40(1), timely if made after a guilty verdict?

Often referred to as `Clayton motion,' People v. Clayton, 41 AD2d 204, CPL 210.40(1) provides a trial court with discretion to dismiss an indictment in furtherance of justice. That section enumerates non-exclusive factors to be weighed upon a hearing.

A Clayton motion, like others, must generally be made within 45 days of arraignment upon the indictment, CPL 210.20(2), 255.20, People v. Sparer, 293 AD2d 630, 740 NYS2d 246 (2d Dept, 2002), unless the defendant can demonstrate `good cause' for making the motion beyond 45 days, CPL 255.10, 255.20(1),

It would be particularly rare for such motion to succeed after a jury has found defendant guilty, or even lesser …