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PEOPLE v. NAIK

139 A.D.2d 535 (1988)

The People of the State of New York, Appellant, v. Dilipkumar G. Naik and Farmacia Montrose, Inc., Respondents

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

April 4, 1988

Ordered that the order is reversed, as a matter of discretion in the interest of justice, the guilty verdicts and the indictment are reinstated, and the matter is remitted to the Supreme Court, Kings County, for further proceedings.

A court's discretionary power to dismiss an indictment in the interest of justice is to be exercised sparingly (see, CPL 210.40 [1]; People v Foster, 127 A.D.2d 684, lv denied 69...

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