Opinion
2013-11-14
The People of the STATE of New York, Appellant, v. Raymond VELEZ, Defendant–Respondent.
Robert T. Johnson, District Attorney, Bronx (Clara Salzberg of counsel), for appellant. Weil, Gotshal & Manges LLP, New York (Layne S.R. Behrens of counsel), for respondent.
Robert T. Johnson, District Attorney, Bronx (Clara Salzberg of counsel), for appellant. Weil, Gotshal & Manges LLP, New York (Layne S.R. Behrens of counsel), for respondent.
Order, Supreme Court, Bronx County (Patricia Anne Williams, J.), entered on or about August 9, 2012, which dismissed a misdemeanor information in furtherance of justice, unanimously affirmed.
The court properly exercised its discretion in dismissing the information in furtherance of justice. Contrary to the People's assertions, the court fully considered all of the relevant factors set forth in CPL 170.40, and reached an individualized decision ( see People v. Rickert, 58 N.Y.2d 122, 126, 459 N.Y.S.2d 734, 446 N.E.2d 419 [1983];People v. Rivera, 108 A.D.3d 452, 969 N.Y.S.2d 55 [1st Dept.2013] ).