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PEOPLE v. BROWN

40 N.Y.2d 381 (1976)

The People of the State of New York, Appellant, v. King Brown, Respondent.

Court of Appeals of the State of New York.

Decided June 17, 1976.

Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney (Peter L. Zimroth and Robert M. Pitler of counsel), for appellant.

Susan E. Hofkin and William E. Hellerstein for respondent.

Judges GABRIELLI, WACHTLER, FUCHSBERG and COOKE concur with Judge JONES; Chief Judge BREITEL dissents and votes to reverse in a separate opinion in which Judge JASEN concurs.

JONES, J.

We now hold that CPL 450.20 (subd 2) providing that the People may appeal a trial order of dismissal entered pursuant to CPL 290.10 is unconstitutional as violative of the right not to be placed twice in jeopardy for the same offense (NY Const, art I, § 6; US Const, 5th Amdt) if "further proceedings of some sort, devoted to the resolution of factual issues going to the elements of the offense charged...

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