DECISION ORDER
ORDERED that the order is reversed, as a matter of discretion, the motion is denied, the indictment is reinstated, and the matter is remitted to the Supreme Court, Queens County, for further proceedings on the indictment.
The defendant's motion papers fail to reveal the existence of "some compelling factor, consideration or circumstance clearly demonstrating that conviction or prosecution of the defendant upon [this] indictment * * * would constitute or result in injustice" (CPL 210.40). Although the defendant suffers from a variety of serious physical and mental ailments, many of which are related to AIDS, his survival prognosis is not clear. We also note the defendant has a history of serious crime. Giving consideration to all relevant factors, the extraordinary remedy of dismissal of the indictment in the furtherance of justice was not warranted in this case (see generally People v. McAlister, 280 A.D.2d 556; People v. Tavares, 273 A.D.2d 707; People v. Kennard, 266 A.D.2d 718; People v. Mitchell, 64 A.D.2d 1012; People v. Murray, 166 Misc.2d 828; People v. Sierra, 149 Misc.2d 588; cf. People v. Lawson, 198 A.D.2d 71, affd 83 N.Y.2d 958; People v. Wong, 227 A.D.2d 852; People v. Camargo, 135 Misc.2d 987).
ALTMAN, J.P., FLORIO, H. MILLER and ADAMS, JJ., concur.