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PEOPLE v. MARTINEZ

151 Misc.2d 641 (1991)

The People of the State of New York, Plaintiff, v. Angel Martinez, Defendant.

Supreme Court, New York County.

July 19, 1991

Attorney(s) appearing for the Case

Meyer & Greenfield (Scott H. Greenfield of counsel), for defendant. Robert M. Morgenthau, District Attorney (Sterling Johnson, Jr., John Ortiz and Anne Rudman of counsel), for plaintiff. Mark J. Mahoney for New York State Association of Criminal Defense Lawyers, amicus curiae.

LESLIE CROCKER SNYDER, J.

This court is presented with what appears to be an issue of first impression in New York State. Can a State prosecutor who has investigated a defendant under joint State and Federal auspices, resulting in a New York State indictment for a violation of this State's narcotics laws, elect to pursue Federal rather than State forfeiture proceedings? If allowed, would this impermissibly...

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