The defendant has moved to dismiss the indictment pending upon the ground that prosecution thereof would violate defendant's rights and would constitute double jeopardy and that therefore prosecution is barred under CPL article 40.
The facts of this case are undisputed. On August 2, 1974, the defendant caused a disturbance on the street in front of 129 Clinton Avenue, City of Albany, at about 10:07 P.M. He engaged in conduct...
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