Order reversed insofar as appealed from, the branch of defendant's motion is denied, and the indictment reinstated.
As applicable to the instant action, CPL 40.40 (subd 2) bars the subsequent prosecution of an uncharged joinable offense only if that offense had not been charged in an accusatory instrument filed in the same court as that court which disposed of the existing accusatory instrument by trial or the entry of a plea of guilty. In this case a felony complaint...
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