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PEOPLE v. ALVAREZ

88 Misc.2d 709 (1976)

The People of the State of New York, Plaintiff, v. Jesus Alvarez, Defendant.

Supreme Court, Trial Term, New York County.

November 19, 1976

Attorney(s) appearing for the Case

Bernard M. Brickel for defendant. Sterling Johnson, Jr., Special Assistant District Attorney (Arthur M. Diamond of counsel), for plaintiff.

BENTLEY KASSAL, J.

ISSUES

After retrial of this indictment, two issues are presented by defendant's motion to set aside the jury verdict convicting him of conspiracy as well as five substantive crimes:

1. Does the double jeopardy clause of the Fifth Amendment bar conviction on the conspiracy count which had been dismissed by a trial order of dismissal before the first trial of this case ended...

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