Defendant herein was charged with 16 counts of illegally obtaining unemployment insurance in violation of section 632 (subd 1, par [a]) of the Labor Law. The court below in granting defendant's motion to dismiss in the interests of justice relied primarily upon the supposed "exceptionally serious misconduct" of the People in the prosecution of defendant (CPL 170.40, subd 1, par [e]). The misconduct consisted of two conversations with the defendant...
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