Ordered that order is reversed, on the law and as a matter of discretion in the interest of justice, the defendant's motion pursuant to CPL 210.40 to dismiss the indictment in the furtherance of justice is denied, the indictment is reinstated, and the matter is remitted to the Supreme Court, Kings County, for further proceedings on the indictment.
The power to dismiss an indictment in the furtherance of justice is to be exercised sparingly; it may be exercised only...
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