Legal Question in Criminal Law in New York

That's not how it works. An attorney can make a motion to dismiss if there is a legal issue with the prosecution, for example, if the supporting documentation does not support every element of the crime charged and does not identify the defendant. If the issue is factual, then that is a matter for trial. There are other reasons for dismissal such as procedural irregularities such as speedy trial. Once the prosecutor has a case, it is not up to the victim whether or not to prosecute, it is solely up to the prosecutor. If you are talking about sentencing, for a first time offender, an Adjournment in Contemplation of Dismissal ("ACD") is possible. Other options are reductions of the top charge to lesser charges, and fines, community service and other special conditions such as drug treatment can be worked out.