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PEOPLE v. ORTIZ

152 A.D.2d 755 (1989)

The People of the State of New York, Appellant, v. Michael Ortiz, Respondent

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

July 31, 1989

Ordered that the order is reversed, on the law, the motion is denied, those counts of the indictment which were dismissed are reinstated, and the matter is remitted to the Supreme Court, Queens County, for further proceedings.

It is well settled that the 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, 685;

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