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Justice Ward

DEFENDANT ENTERED a plea agreement providing for dismissal upon completion of a residential drug treatment program. Incarceration would result from her violation of the agreement. After violating agreement, defendant was permitted to enter into a second plea agreement, which called for five to 10 years incarceration if she terminated drug treatment. Prior to sentencing – after violating the second agreement – defendant moved to dismiss the indictment or reduce her sentence in the interest of justice. The court denied defendant’s motion. It found no provision within Criminal Procedure Law §210.40 or other legal authority permitting reduction of sentence in the interests of justice. The court also found that defendant failed to provide support for the court to find the existence of a “compelling factor, consideration or circumstance clearly demonstrating that conviction or prosecution of the defendant . . . would constitute or result in injustice.”

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