Legal Opinion
People v. M.R.
Appellate Division of the Supreme Court of the State of New York
Decided September 25, 2007PublishedCited by 4 opinions
1Opinion of the Court
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Buchter, J.), rendered May 22, 2006, convicting him of promoting gambling in the first degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
“The power to dismiss an indictment in the interest of justice should be exercised sparingly, 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]; People v Flemming, 291 AD2d 506…
2Cases cited3 opinions
- People v. CrespoAppellate Division of the Supreme Court of the State of New York · 1997
- People v. FlemmingAppellate Division of the Supreme Court of the State of New York · 2002
- People v. Anthony C.Appellate Division of the Supreme Court of the State of New York · 2000
3Cited by4 opinions
- People v. CandelariaAppellate Division of the Supreme Court of the State of New York · 2008
- People v. BookardAppellate Division of the Supreme Court of the State of New York · 2019
- People v. DiSimoneNew York Supreme Court · 2009
- People v. PesolaCriminal Court of the City of New York · 2012