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PEOPLE v. CUNNINGHAM

62 Misc.2d 515 (1970)

The People of the State of New York, Plaintiff, v. Thomas Cunningham, Defendant.

Supreme Court, Criminal Term, Kings County.

March 18, 1970

Attorney(s) appearing for the Case

Eugene Pelcyger for defendant. Eugene Gold, District Attorney (Sheldon Greenberg of counsel), for plaintiff.

THOMAS R. JONES, J.

The defendant moves, on the ground of collateral estoppel, to dismiss an indictment (3026/1969) which charges him with the crime of robbery of John T. Mewborns and other occupants of J. & M. Car Service in Brooklyn, on February 25, 1969. The District Attorney favors the dismissal of the indictment. The motion is granted.

The defendant, Thomas Cunningham, was previously tried and acquitted by this court, sitting without...

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