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PEOPLE v. McGORMAN

159 Misc.2d 736 (1993)

606 N.Y.S.2d 566

The People of the State of New York, Plaintiff, v. Edward McGorman, Defendant.

Supreme Court, New York County.

December 9, 1993

Attorney(s) appearing for the Case

Building Services 32B-J Legal Service Fund (Bruce Bently and Debra Weich of counsel), for defendant. Robert M. Morgenthau, District Attorney of New York County (Victoria Brown of counsel), for plaintiff.

EMILY JANE GOODMAN, J.

CLAYTON MOTION

The defendant, charged with driving while intoxicated, has moved for dismissal of the indictment in the furtherance of justice, pursuant to CPL 210.20 and 210.40. The question to be addressed in deciding such a motion is whether there exists "some compelling factor, consideration or circumstance" which demonstrates that "conviction or prosecution of the...

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