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PEOPLE v. GESEGNET

47 A.D.2d 333 (1975)

The People of the State of New York, Appellant, v. Richard Gesegnet, Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

April 17, 1975

Attorney(s) appearing for the Case

Edward C. Cosgrove, District Attorney (Judith Blake Manzella of counsel), for appellant.

John W. Condon, Jr., (Joseph V. Sedita of counsel), for respondent.

MARSH, P.J., CARDAMONE, MAHONEY and DEL VECCHIO, JJ., concur.

MOULE, J.

The question presented in this appeal is whether CPL 450.20 (subd 2) which permits the People to appeal to an intermediate appellate court from a trial order of dismissal, violates defendant's right not to be tried twice for the same offense which would place him in double jeopardy contrary to the Fifth and Fourteenth Amendments to the United States Constitution.

Defendant along with four others...

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