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People v. M.R

Appellate Division of the Supreme Court of New York, Second Department
Sep 25, 2007
43 A.D.3d 1188 (N.Y. App. Div. 2007)

Opinion

No. 2006-05761.

September 25, 2007.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Buchter, J.), rendered May 22, 2006, convicting him of promoting gambling in the first degree, upon his plea of guilty, and imposing sentence.

Law Office of Ferzola and Kommor, LLP, Westbury, N.Y. (Steven D. Kommor of counsel), for Appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J. Caferri, and Laura T. Ross of counsel), for Respondent.

Before: Rivera, J.P., Krausman, Skelos and Balkin, JJ., concur.


Ordered that the judgment is affirmed.

"The power to dismiss an indictment in the interest of justice should be exercised sparingly, in those rare cases where there is a `compelling factor' which clearly demonstrates that prosecution of the indictment would be an injustice" ( People v Anthony C, 269 AD2d 402, 402, quoting CPL 210.40; People v Flemming, 291 AD2d 506; People v Crespo, 244 AD2d 563, 564). There was no such compelling factor present in this case. Accordingly, the Supreme Court properly denied the defendant's motion to dismiss the indictment in the interest of justice.


Summaries of

People v. M.R

Appellate Division of the Supreme Court of New York, Second Department
Sep 25, 2007
43 A.D.3d 1188 (N.Y. App. Div. 2007)
Case details for

People v. M.R

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. M.R., Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Sep 25, 2007

Citations

43 A.D.3d 1188 (N.Y. App. Div. 2007)
2007 N.Y. Slip Op. 7025
841 N.Y.S.2d 799

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