People v. Vecchio

OPINION OF THE COURT

William D. Friedmann, J.

Defendant Eric Vecchio’s motion places in perspective whether his satisfactory "second chance” experience, as a full-time participant in a residential drug rehabilitation program, designed to return addicts (ex) or substance abusers to society, constitutes such a "compelling factor, consideration or circumstance”, under CPL 210.20 and 210.40, as to warrant dismissal of the two top counts of the indictment (criminal sale of a controlled substance, second degree [Penal Law § 220.41, A-II *166felony]; criminal possession of a controlled substance, third…