People v. De Carr

*913An indictment may be dismissed in furtherance of justice where there exists "some compelling factor, consideration or circumstance clearly demonstrating that conviction or prosecution of the defendant upon such indictment * * * would constitute or result in injustice” (CPL 210.40 [1]). We have independently reviewed the factors set forth in the statute and we conclude that a dismissal of this indictment in furtherance of justice is not warranted. There is nothing in this record to demonstrate "that rare or unusual circumstance which cries out for fundamental justice” (People v Litman, 99 AD2d…