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PEOPLE v. ERCOLE

2 Misc.2d 1015 (1956)

The People of the State of New York, Plaintiff, v. Anniello Ercole, Defendant.

County Court, Kings County.

August 13, 1956.

Attorney(s) appearing for the Case

Abraham H. Brodsky and Edward H. Levine for defendant.

Edward S. Silver, District Attorney (Aaron Koota and Aaron Nussbaum of counsel), for plaintiff.

HYMAN BARSHAY, J.

The defendant moves to dismiss the indictment on the ground that he is about to be twice put in jeopardy for the same offense in violation of his constitutional guarantee that "No person shall be subject to be twice put in jeopardy for the same offense". (N. Y. Const., art. I, § 6.) The facts briefly stated are as follows:

The indictment...

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