PEOPLE v. CALDERON

ORDERED that the judgment is affirmed.

The Supreme Court properly exercised its discretion in denying the defendant's motion pursuant to CPL 210.40 to dismiss the indictment in the interest of justice on the ground that he is a recovering heroin addict. The court engaged in a thorough analysis and consideration of the relevant factors and the circumstances of the defendant's case (see, CPL 210.40; People v. Clayton, 41 A.D.2d 204), as well as a "sensitive balancing of the interests of the individual and of the People" (People v. Rickert, 58 N.Y.2d 122, 127). We agree with the court's conclusion that such relief was not warranted (see, People v. Clayton, supra).

Furthermore, viewing the evidence in the light most favorable to the prosecution (see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15).

RITTER, J.P., FLORIO, FEUERSTEIN and CRANE, JJ., concur.