PEOPLE v. McALISTER

ORDERED that the judgment is affirmed.

The trial court properly exercised its discretion in denying the defendant's motion to dismiss the indictment in the interest of justice pursuant to CPL 210.40 on the ground that he suffers from AIDS. The court engaged in a thorough analysis and consideration of the relevant factors and the circumstances of the defendant's case (see, 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), and we agree with its conclusion that such relief was not warranted (see, People v. Clayton, supra).

The defendant's claim with respect to a remark made by the prosecutor during her summation is unpreserved for appellate review and, in any event, is without merit.