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PEOPLE v. LEWIS

57 A.D.3d 803 (2008)

868 N.Y.S.2d 909

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. SHERYL LEWIS, Respondent.

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

December 16, 2008.

Ordered that the order is affirmed.

The discretionary power to dismiss an indictment in the interest of justice is to be exercised sparingly. This case, however, presents one of those rare instances in which dismissal in the interest of justice was warranted (see People v Martinez, 304 A.D.2d 675, 676 [2003]; People v Vecchio, 144 A.D.2d 710 [1988]). After engaging in a "sensitive...

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