PEOPLE v. MOYE


302 A.D.2d 610 (2003)

755 N.Y.S.2d 307

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. DWAYNE MOYE, Respondent.

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

Decided February 24, 2003.


Ordered that the order is reversed, as a matter of discretion, the motion is denied, the indictment is reinstated, and the matter is remitted to the Supreme Court, Queens County, for further proceedings on the indictment.

The defendant's motion papers fail to reveal the existence of "some compelling factor, consideration or circumstance clearly demonstrating that conviction or prosecution of the defendant upon [this] indictment * * * would constitute or result in...

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