People v. Herman L.

—Order of the Supreme Court, New York County (Jerome Marks, J.), entered on July 31, 1991, which granted defendant’s motion to dismiss indictments numbered 12680/89 and 13696/89 in the interest of justice, is affirmed.

The defendant, Herman L., is a homeless and impoverished man with a history of drug addiction who in February of 1989 discovered that he had become infected with HIV. In October of the same year the defendant on two occasions allegedly sold relatively small quantities of narcotics to under*72cover police officers. He was arrested and indicted for drug related offenses but remained…