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PEOPLE v. HOWELL

1124, 3291/10.

139 A.D.3d 484 (2016)

29 N.Y.S.3d 803

2016 NY Slip Op 03801

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MICHAEL HOWELL, Appellant.

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

Decided May 12, 2016.

The court properly exercised its discretion in denying defendant's CPL 210.40 motion to dismiss the charges in furtherance of justice. After considering the statutory factors in totality, we find 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]), "which we have cautioned should be exercised sparingly" (People v Keith R.,

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