People v. Betances

OPINION OF THE COURT

Orders entered September 7, 2001, to the extent appealed from, reversed, on the law and the facts, defendants’ motions denied, informations reinstated, and the matters remanded for further proceedings.

The power to dismiss an accusatory instrument in the interest of justice should be exercised sparingly, only in those rare cases where there is a “compelling factor” which clearly demonstrates that conviction or prosecution of the defendant would result in injustice (see, CPL 170.40 [1]; 210.40 [1]; People v Dunlap, 216 AD2d 215, 217). We find no such compelling factor in…