NEW YORK SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
June 30, 2009
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
JOSE CARRION, DEFENDANT-APPELLANT.
Judgment, Supreme Court, New York County (John Cataldo, J. at plea; Michael R. Ambrecht, J. at sentence), rendered November 3, 2006, convicting defendant of attempted criminal sale of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of 4 to 8 years, unanimously reversed, as a matter of discretion in the interest of justice, and the indictment dismissed.
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.
Mazzarelli, J.P., Saxe, Catterson, DeGrasse, Abdus-Salaam, JJ.
Under the unique circumstances of this case, we dismiss the indictment in the interest of justice.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.
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