People v. McIlwain

—Appeal by the People from an order of the Supreme Court, Kings County (Lewis, J.), dated October 17, 2001, which granted the defendant’s motion to dismiss the indictment in the interest of justice pursuant to CPL 210.40, and, in effect, vacated the defendant’s plea of guilty to the crime of criminal possession of a controlled substance in the fifth degree.

Ordered that the order is reversed, on the law, the motion is denied, the indictment and the plea are reinstated, and the matter is remitted to the Supreme Court, Kings County, for sentencing by a different justice.

While on parole from a…