People v. Rucker

— Order unanimously reversed on the law, indictment reinstated and matter remitted to Monroe County Court for further proceedings on the indictment. Memorandum: On this record, it has not been demonstrated that there are sufficient "compelling” factors to warrant dismissal of the indictment (CPL 210.40 [1]; People v Rickert, 58 NY2d 122 ; People v Clayton, 41 AD2d 204 ). While the question of whether to dismiss an indictment in the interest of justice is addressed to the discretion of the court, that discretion is not absolute (People v Hirsch, 85 AD2d 902 ). The trial court’s discretion should be " 'exercised sparingly’ ” and only in that " 'rare’ ” and " 'unusual’ ” case when it " 'cries out for fundamental justice beyond the confines of conventional considerations’ ” (People v Insignares, 109 AD2d 221 , 234; see also, People v Belkota, 50 AD2d 118 , 120). (Appeal from order of Monroe County Court, Celli, J. — CPL 30.30.) Present — Callahan, J. P., Doerr, Green, Pine and Davis, JJ.