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People v. Quadrozzi
Dismissal of an indictment in the interest of justice must be “exercised sparingly” (People v Martinez, 304 AD2d 675, 676 [2003]), that is, only “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 [2000], quoting CPL 210.40 [1]; see People v Bolton, 224 AD2d 436 [1996]; People v Hudson, 217 AD2d 53, 55 [1995]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Conrado Bowen
v.
Conrado Bowen
Appellate Division of the Supreme Court of the State of New York.
Feb 5, 1996.
Published
—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Tomei, J.), rendered May 11, 1993, convicting him of criminal[*437] sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree (two counts), upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant’s contentions are unpreserved for appellant review (see, CPL 470.05 [2]) and, in any event, are without merit or do not warrant reversal in light of the overwhelming evidence of the defendant’s guilt (see, People v Crimmins, 36 NY2d 230). Mangano, P. J., Thompson, Altman and Friedmann, JJ., concur.