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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=47168 Judge Buckley DEFENDANT 13-year police department veteran was indicted for grand larceny, petit larceny and falsifying records in connection with $13,000 missing from an evidence room. The case against defendant rested entirely on circumstantial evidence. A polygraph examination indicated that defendant did not steal the money. Defendant moved for dismissal of the indictment in the interest of justice under Criminal Procedure Law �210.40. Although polygraph results are inadmissible as evidence, a court may consider them on a Clayton motion to dismiss in the interest of justice. Relying on the polygraph results and noting the paucity of evidence of misconduct, the court dismissed the indictment, finding that “the nature of proof available . . . taken together with the results of the polygraph examination . . . provide compelling factors clearly demonstrating that conviction or prosecution of the defendant upon this indictment would constitute an injustice.”

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