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  5. 36 N.Y.2d 930 (1975)
 

PEOPLE v. MENNA

36 N.Y.2d 930 (1975)

The People of the State of New York, Respondent, v. Steve Menna, Appellant.

Court of Appeals of the State of New York.

Decided June 11, 1975.

Attorney(s) appearing for the Case

Robert A. Naidus and William E. Hellerstein for appellant.

Eugene Gold, District Attorney (Richard E. Mischel of counsel), for respondent.

Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES and COOKE. Judge FUCHSBERG dissents and votes to reverse in the following opinion in which Judge WACHTLER concurs.

Order affirmed. Having knowingly and voluntarily chosen to plead guilty after denial of his motion to dismiss the indictment on the ground of double jeopardy, the defendant waived his right later to raise the defense and remains bound by his plea. (See People v La Ruffa, 37 N.Y.2d 58.)

FUCHSBERG, J. (dissenting).

Menna, the defendant here, was adjudicated to be in contempt, in violation of section 750...

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