People v. Anthony C.

—Appeal by the People from an order of the Supreme Court, Queens County (Thomas, J.), dated January 22, 1999, which granted the defendant’s motion to dismiss the indictment in the furtherance of justice pursuant to CPL 210.40.

Ordered that the order is reversed, as a matter of discretion in the interest of justice, the motion is denied, the indictment is reinstated, and the matter is remitted to the Supreme Court, Queens County, for further proceedings.

The power to dismiss an indictment in the interest of justice should be exercised sparingly, in those rare cases where there is a “compelling…