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, Kings County, for further proceedings on the indictment.
"The discretionary authority to dismiss an indictment in furtherance of justice [pursuant to CPL 210.40] should be `exercised sparingly' and only in `those rare cases where there is a "compelling factor" which clearly demonstrates that prosecution...
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