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People v Gordon (Dwayne)
2003 NY Slip Op 51630(U)
Decided on December 12, 2003
Appellate Term, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
This opinion is uncorrected and will not be published in the Official Reports.


Decided on December 12, 2003
SUPREME COURT OF THE STATE OF NEW YORK

APPELLATE TERM : 9th and 10th JUDICIAL DISTRICTS

PRESENT:DOYLE, P.J., RUDOLPH and SKELOS, JJ.
NO. 2002-1079 OR CR

THE PEOPLE OF THE STATE OF NEW YORK, Appellant,

against

DWAYNE GORDON, Respondent.


Appeal by the People from an order of the City Court of Newburgh, Orange County (A. Austria, J.), dated June 19, 2002, granting defendant's motion to dismiss the accusatory instrument in the furtherance of justice.


Order unanimously reversed on the law and facts, motion denied, accusatory instrument reinstated and matter remanded to the court below for further proceedings.

Upon a review of the record, we find that no compelling factors, consideration or circumstances exist which clearly demonstrate that a conviction or prosecution of defendant would constitute or result in injustice (see CPL 170.40 [i]). Accordingly, the court improperly granted defendant's motion to dismiss the accusatory instrument in the interest of justice.
Decision Date: December 12, 2003