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PEOPLE v. KELLEY

141 A.D.2d 764 (1988)

The People of the State of New York, Appellant, v. John B. Kelley, Respondent

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

June 20, 1988

Ordered that the order is reversed, on the law, the motion denied, the misdemeanor complaint is reinstated, and the matter is remitted to the Supreme Court, Suffolk County, for further proceedings consistent herewith.

CPL 170.40 (1) provides that a misdemeanor complaint may be dismissed in the interest of justice when "such dismissal is required as a matter of judicial discretion by the existence of some compelling factor...

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