People v. Sierra

OPINION OF THE COURT

Alan Meyer, J.

Defendant moves this court for an order dismissing such counts of the indictment as the court may deem to be in the interest and furtherance of justice, pursuant to CPL 210.40 *589and People v Clayton (41 AD2d 204) or in the alternative, a Clayton hearing at which the court may examine and consider the existing facts and circumstances in this case, which when applied to the considerations of CPL 210.40, require dismissal in the interest of justice as a matter of judicial discretion.

The defendant, Louis Sierra, was arrested on July 27, 1990, and charged with…