People v Velez

People v Velez 2013 NY Slip Op 07574 Decided on November 14, 2013 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on November 14, 2013
Tom, J.P., Mazzarelli, Freedman, Richter, Feinman, JJ.
11080 12149/12

[*1]The People of the State of New York, Dkt. 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.

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 NY2d 122, 126 [1983]; People v Rivera, 108 AD3d 452 [1st Dept 2013]).

THIS CONSTITUTES THE DECISION AND ORDER
OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

ENTERED: NOVEMBER 14, 2013

CLERK