People v. Howell

Judgment, Supreme Court, Bronx County (Steven L. Barrett, J.), rendered May 18, 2012, convicting defendant, after a nonjury trial, of attempted criminal possession of a controlled substance in the seventh degree, and sentencing him to a term of 90 days, unanimously affirmed.

The court properly exercised its discretion in denying defendant’s CPL 210.40 motion to dismiss the charges in furtherance of justice. After considering the statutory factors in totality, we find no “compelling factor” (CPL 210.40 [1]) that would warrant that “extraordinary remedy” (People v Moye, 302 AD2d 610, 611 [2d…