Ordered that order is reversed, as a matter of discretion in the interest of justice, the defendant's motion to dismiss the indictment in furtherance of justice pursuant to CPL 210.40 is denied, the indictment is reinstated, and the matter is remitted to the County Court, Westchester County, for further proceedings on the indictment.
The power to dismiss an indictment in furtherance of justice is to be exercised sparingly, in those cases where there is "some compelling...
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