Opinion
January 19, 1993
Appeal from the Supreme Court, Kings County (Fertig, J.).
Ordered that the judgment is affirmed.
The defendant's contention that the indictment should have been dismissed pursuant to CPL 210.40 in the interest of justice is without merit. The court's discretionary power to dismiss an indictment in the interest of justice is to be exercised sparingly (see, People v. Saunders, 161 A.D.2d 611; People v McGraw, 158 A.D.2d 719). In light of the circumstances of the present case, especially the serious nature of the crimes charged, the use of a gun during the commission of the crime (see, CPL 210.40 [a], [h]; People v. Foster, 127 A.D.2d 684), and the defendant's prior convictions (see, CPL 210.40 [d]), the court properly denied the defendant's motion for dismissal of the indictment. Further, the record was devoid of any evidence demonstrating that conviction or prosecution of the defendant would constitute or result in injustice (see, People v Saunders, 161 A.D.2d 611, supra).
The defendant's remaining contentions are unpreserved for appellate review, and, in any event, without merit. Thompson, J.P., Balletta, Ritter and Santucci, JJ., concur.