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People v. Lewis

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


December 16, 2008

THE PEOPLE, ETC., APPELLANT,
v.
SHERYL LEWIS, RESPONDENT.

Appeal by the People from an order of the Supreme Court, Kings County (Walsh, J.), dated March 12, 2007, which granted the defendant's motion pursuant to CPL 210.40 to dismiss the indictment in furtherance of justice.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

REINALDO E. RIVERA, J.P., ROBERT A. SPOLZINO, EDWARD D. CARNI and JOHN M. LEVENTHAL, JJ.

(Ind. No. 1280/06)

DECISION & ORDER

ORDERED that the order is affirmed.

The discretionary power to dismiss an indictment in the interest of justice is to be exercised sparingly. This case, however, presents one of those rare instances in which dismissal in the interest of justice was warranted (see People v Martinez, 304 AD2d 675, 676; People v Vecchio, 144 AD2d 710). After engaging in a "sensitive balancing process" (People v Martinez, 304 AD2d at 676 [internal quotation marks omitted]), and examining the statutory criteria set forth in CPL 210.40, the Supreme Court providently concluded that compelling factors justified dismissal of the indictment (see People v Martinez, 304 AD2d at 676; People v Vecchio, 144 AD2d at 710). Accordingly, the Supreme Court properly granted the defendant's motion pursuant to CPL 210.40 to dismiss the indictment in furtherance of justice.

RIVERA, J.P., SPOLZINO, CARNI and LEVENTHAL, JJ., concur.

20081216

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