Opinion
No. 570116/15.
10-07-2015
The PEOPLE of the State of New York, Appellant, v. Elba COLONRAMOS, Defendant–Respondent.
Opinion
PER CURIAM.
Order (Shari Ruth Michels, J.), dated September 18, 2013, reversed, on the law and the facts, accusatory instrument reinstated, and matter remanded for further proceedings.
The power of the court to dismiss an accusatory instrument in the interest of justice, without the consent of the prosecution, is to be exercised most sparingly, and only in those cases where some “compelling factor” (CPL 170.401 ) warrants the conclusion that the court should substitute its discretion for that of the District Attorney, the State officer normally charged with the responsibility of determining when and in what manner to prosecute a suspected offender (see People v. Keith R., 95 AD3d 65 2012, lv denied 19 NY3d 963 2012; People v. Dunlap, 216 A.D.2d 215, 217 1995 ). We find no such compelling factor in this case. Defendant was charged with attempted third degree assault and menacing, based upon an incident where she allegedly threatened to kill her brother and then punched him in the face with a closed fist, causing bruising and a laceration above his left eye. Particularly in light of these charges, this is “not one of those rare and unusual cases which cries out for justice beyond the confines of conventional considerations” (People v. Schellenbach, 67 AD3d 712, 713 2009, quoting People v. Hudson, 217 A.D.2d 53, 55 1995 ). In addition, defendant's lack of a criminal record, her prior military service and the possibility that a conviction in this case will render her ineligible to reenlist in the military are insufficient to justify a dismissal in the interest of justice (see People v. Diggs, 125 A.D.2d 189 1986, lv denied 69 N.Y.2d 745 1987; People v. Varela, 106 A.D.2d 339 1984 ).THIS CONSTITUTES THE DECISION AND ORDER OF THE COURT.
I concur.