Opinion
Argued March 1, 2001.
April 2, 2001.
Appeal by the People from an order of the Supreme Court, Queens County (Lewis, J.), dated February 24, 2000, which granted the defendant's motion to dismiss the indictment pursuant to CPL 210.40(1).
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J. Caferri, Sharon Y. Brodt, and Donna Aldea of counsel), for appellant.
Sturim Nizin, Kew Gardens, N.Y. (Leslie Nizin of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., GABRIEL M. KRAUSMAN, HOWARD MILLER, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the order is reversed, as a matter of discretion in the interest of justice, the motion is denied, the indictment is reinstated, and the matter is remitted to the Supreme Court, Queens County, for further proceedings.
Upon our review of the factors set forth in CPL 210.40(1), we conclude that the dismissal of the indictment in this case was not warranted (see, CPL 210.40; People v. Nadeem, 276 A.D.2d 567; People v. Crespo, 244 A.D.2d 563, 564; People v. Lagnese, 236 A.D.2d 629; People v. Hudson, 217 A.D.2d 53).