People v. Harmon
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Sullivan, J. P.
The People appeal from an interest of justice dismissal of an indictment charging criminal possession of a dangerous drug in the fifth degree. The dismissal, based on a finding that defendant was a "hard-working” person who had "made one mistake,” was particularly inappropriate in light of defendant’s rearrest in the same drug location trying to purchase more drugs during the pendency of this indictment and the absence of any compelling factor warranting the granting of such relief. Accordingly, we reverse.
The underlying facts are not in dispute. On November…
2Cases cited12 opinions
- Holtzman v. GoldmanNew York Court of Appeals · 1988
- People v. ClaytonAppellate Division of the Supreme Court of the State of New York · 1973
- People v. McConnellNew York Court of Appeals · 1980
- People v. EsajerreNew York Court of Appeals · 1974
- People v. InsignaresAppellate Division of the Supreme Court of the State of New York · 1985
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- People v. GragertCriminal Court of the City of New York · 2003
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