PEOPLE v. BETANCES


193 Misc.2d 445 (2002)

748 N.Y.S.2d 832

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. FELIPE BETANCES, Respondent. THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. JERRY WALKER, Respondent.

Supreme Court, Appellate Term, First Department.

October 3, 2002.


Attorney(s) appearing for the Case

Robert T. Johnson, District Attorney, Bronx (Joseph N. Ferdenzi and Peter A. Sell of counsel), for appellant.

Legal Aid Society, Brooklyn (Andrew C. Fine and Susan Epstein of counsel), for Felipe Betances, respondent.

McCOOE, J.P., GANGEL-JACOB and SCHOENFELD, JJ., concur.


OPINION OF THE COURT

Per Curiam.

Orders entered September 7, 2001, to the extent appealed from, reversed, on the law and the facts, defendants' motions denied, informations reinstated, and the matters remanded for further proceedings.

The power to dismiss an accusatory instrument in the interest of justice should be exercised sparingly, only in those rare cases where there is a "compelling factor" which clearly demonstrates that conviction or prosecution...

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