People v. Levinsohn

This is a motion to dismiss a prosecutor’s information in the interest of justice, pursuant to CPL 170.30 (subd. 1, par. [g]) and CPL 170.40. Defendant is charged with sexual abuse in the third degree, in violation of section 130.55 of the Penal Law. Defense counsel submits that the interest of justice requires that the questions of law involved in this case be decided now in order to spare defendant the rigors, humiliation and expense of a trial.

At a hearing upon a felony complaint charging defendant with sexual abuse in the first degree (Penal Law, § 130.65, subd. 3), the court held…