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PEOPLE v. ABBAMONTE

43 N.Y.2d 74 (1977)

The People of the State of New York, Respondent, v. Ernest Abbamonte, Appellant. The People of the State of New York, Respondent, v. George Coumoutsos, Appellant. The People of the State of New York, Respondent, v. John Campopiano, Appellant. In the Matter of Alexander Lisznyia, Appellant, v. Louis B. Scheinman, as County Court Judge of the County of Sullivan, et al., Respondents.

Court of Appeals of the State of New York.

Decided November 17, 1977.

Attorney(s) appearing for the Case

John L. Pollok for appellants in the first and second above-entitled actions.

Robert M. Morgenthau, District Attorney (Brian Rosner and Peter L. Zimroth of counsel), for respondent in the first, second and third above-entitled actions.

George L. Santangelo for appellant in the third above-entitled action.

Joel M. Proyect for appellant in the fourth above-entitled action.

Emanuel Gellman, District Attorney (Stephen F. Lungen of counsel), for Louis B. Scheinman, respondent in fourth above-entitled action.

Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

Chief Judge BREITEL.

Four appellants, each previously convicted in Federal court for conspiracy to violate Federal drug laws, challenge, in separate appeals, their subsequent State prosecution for substantive drug offenses allegedly committed during the period of the conspiracy. In all four cases the Appellate Division rejected the challenge.

There is one common issue: whether prosecution of a substantive...

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