PEOPLE v. HARMON


181 A.D.2d 34 (1992)

The People of the State of New York, Appellant, v. Mark Harmon, Respondent

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

June 23, 1992


Attorney(s) appearing for the Case

Ann E. Ryan of counsel, (Mary C. Farrington with her on the brief; Robert M. Morgenthau, District Attorney, attorney), for appellant.

Steven J. Miraglia of counsel (Philip L. Weinstein, attorney), for respondent.

ROSENBERGER, WALLACH, ROSS and KASSAL, JJ., concur.


SULLIVAN, J. P.

The People appeal from an interest of justice dismissal of an indictment charging criminal possession of a dangerous drug in the fifth degree. The dismissal, based on a finding that defendant was a "hard-working" person who had "made one mistake," was particularly inappropriate in light of defendant's rearrest in the same drug location trying to purchase more drugs during the pendency of this...

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