People v. Rahmen

In People v. Rahmen (302 A.D.2d 408 [2d Dept 2003], lv dismissed 99 N.Y.2d 657 [2003]), the Appellate Division reversed a grant of a motion to dismiss in the interests of justice, this time of a charge of sexual abuse in the third degree, of which the defendant had been convicted following a jury trial. The Appellate Division held (at 409): "The power to dismiss an indictment in furtherance of justice is to be exercised sparingly . . . In this case, the Supreme Court improvidently exercised its discretion in substituting its own judgment concerning the credibility of the complainant and the culpability of the defendant for that of the jury."