PEOPLE v. BROOKS


142 Misc.2d 678 (1988)

The People of the State of New York, Plaintiff, v. Steven Brooks, Defendant.

Supreme Court, Kings County.

December 21, 1988


Attorney(s) appearing for the Case

Elizabeth Sack Felber for defendant. Elizabeth Holtzman, District Attorney (David Potter of counsel), for plaintiff.


HAROLD FERTIG, J.

The defendant seeks an order dismissing the indictment in its entirety on the two felony counts therein, in the interest of justice, pursuant to CPL 210.40.

The attendant circumstances in this case has led this court to conclude that the Legislature has been remiss in trying to eliminate offender recidivism in one particular group within the prison population. There are a number of defendants who come before the court evincing...

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