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PEOPLE v. SHERMAN

45 Misc.2d 92 (1964)

The People of the State of New York, Respondent, v. Gerald S. Sherman, Appellant.

Supreme Court, Appellate Term, Second Department.

December 9, 1964

Attorney(s) appearing for the Case

Allan Sturim for appellant. William Cahn, District Attorney (Donald P. De Riggi of counsel), for respondent.

Concur — DI GIOVANNA, BENJAMIN and MARGETT, JJ.

Per Curiam.

Defendant's plea of guilty to the charge of violating section 4 of the Explosive Ordinance of the Town of North Hempstead (unlawful discharge of a firearm) barred, upon the ground of double jeopardy, a subsequent prosecution for the same offense under subdivision 4 of section 1904 of the Penal Law. (People v. Chessman, 13 N.Y.2d 793; People ex rel. Ostwald v. Craver, 272 App. Div. 181; People...

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