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PEOPLE v. RODERMAN

34 Misc.2d 497 (1962)

The People of the State of New York, Plaintiff, v. Charles Roderman and James Dowd, Defendants.

County Court, Queens County.

May 29, 1962

Attorney(s) appearing for the Case

J. Gerard Cregan for Charles Roderman, defendant. James F. McArdle for James Dowd, defendant. Frank D. O'Connor, District Attorney (Benjamin J. Jacobson and Moses Z. Yam of counsel), for plaintiff.

PETER T. FARRELL, J.

Upon these motions for orders dismissing an indictment accusing them of arson, first degree, defendants contend that their prosecution therefor is barred by the principles of former jeopardy and res judicata1, brought into operation through their prior acquittal of felony murder after trial upon an indictment based on the identical criminal act charged...

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