Opinion
2018–05403 Ind.No. 3672/17
09-18-2019
The PEOPLE, etc., Respondent, v. Christopher NOBLES, Appellant.
Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Ann Bordley of counsel), for appellant. Paul Skip Laisure, New York, N.Y. (Melissa Lee of counsel), for respondent.
Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Ann Bordley of counsel), for appellant.
Paul Skip Laisure, New York, N.Y. (Melissa Lee of counsel), for respondent.
JOHN M. LEVENTHAL, J.P., SHERI S. ROMAN, HECTOR D. LASALLE, LINDA CHRISTOPHER, JJ.
DECISION & ORDER 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 in those cases where there is "some compelling factor, consideration or circumstance clearly demonstrating that conviction or prosecution of the defendant upon such indictment ... would constitute or result in injustice" ( CPL 210.40[1] ; see People v. Rahmen , 302 A.D.2d 408, 409, 754 N.Y.S.2d 553 ; People v. Bebee , 175 A.D.2d 250, 572 N.Y.S.2d 715 ).
We disagree with the Supreme Court's determination to grant the defendant's motion to dismiss the indictment. When considering the factors set forth in CPL 210.40(1) and applying them to the instant case, the defendant's criminal history and the serious nature of the charges for which he was indicted demonstrate that this is "not one of those rare and unusual cases which cries out for justice beyond the confines of conventional considerations" ( People v. Hudson , 217 A.D.2d 53, 55, 634 N.Y.S.2d 752 [alteration and internal quotation marks omitted]; see People v. Rahmen , 302 A.D.2d at 409, 754 N.Y.S.2d 553 ; People v. Bebee , 175 A.D.2d at 251, 572 N.Y.S.2d 715 ; People v. Serrano , 163 A.D.2d 497, 498, 558 N.Y.S.2d 593 ).
In light of our determination, we need not reach the People's remaining contention.
LEVENTHAL, J.P., ROMAN, LASALLE and CHRISTOPHER, JJ., concur.