People v. Alston (64 A.D.2d 668, 1978)

Appeal by the People from an order of the Supreme Court, Queens County, dated September 21, 1977, which dismissed the indictment against defendant. Order reversed, on the law, and indictment reinstated. It was improper for the court to have dismissed the indictment "in the interest of justice” (see CPL 210.40, subd 2). In People v Clayton (41 AD2d 204), we set forth the criteria required for such a dismissal; none is here present. Latham, J. P., Suozzi, Margett and Hawkins, JJ., concur.