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PEOPLE v. FOSTER

127 A.D.2d 684 (1987)

The People of the State of New York, Appellant, v. Preston Foster, Respondent

Appellate Division of the Supreme Court of the State of New York, Second Department.

February 9, 1987

Ordered that the order is reversed, as a matter of discretion, the motion is denied, the indictment is reinstated, and the matter is remitted to the Supreme Court, Queens County, for further proceedings.

The discretionary power to dismiss an indictment in the interest of justice is to be exercised sparingly (CPL 210.40 [1]; People v Insignares, 109 A.D.2d 221, 234; People v Litman...

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