People v. Brooks

OPINION OF THE COURT

Harold Fertig, J.

The defendant seeks an order dismissing the indictment in its entirety on the two felony counts therein, in the interest of justice, pursuant to CPL 210.40.

The attendant circumstances in this case has led this court to conclude that the Legislature has been remiss in trying to eliminate offender recidivism in one particular group within the prison population. There are a number of defendants who come before the court evincing a need for treatment and should not be let out on the street outside the court’s jurisdiction nor left in jail. In some cases, jail,…