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PEOPLE v. MITCHELL

13940, 125N/08.

124 A.D.3d 450 (2015)

997 N.Y.S.2d 902

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TIFFANY MITCHELL, Appellant.

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

Decided January 13, 2015.

The court properly exercised its discretion in denying defendant's CPL 210.40 motion to dismiss the information in furtherance of justice. There is no "compelling factor" (CPL 210.40 [1]) that would warrant that "extraordinary remedy" (People v Moye, 302 A.D.2d 610, 611 [2d Dept 2003]). On the contrary, defendant failed to comply with her plea agreement as a result of her subsequent arrests...

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