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PEOPLE v. FIELDS

45 N.Y.2d 986 (1978)

The People of the State of New York, Respondent, v. Charles Fields, Appellant.

Court of Appeals of the State of New York.

Decided November 28, 1978.

Attorney(s) appearing for the Case

David W. McCarthy for appellant.

Eugene Gold, District Attorney (Lionel Rene Saporta of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur in memorandum.

MEMORANDUM.

Order of the Appellate Division reversed, and the indictments dismissed.

The order reversing the trial court's dismissal of Indictment No. 2509 (heroin sale) for failure of the People to produce legally sufficient evidence must be reversed, as the People straightforwardly agree, because reprosecution on the indictment is barred by double jeopardy (see People v Key, 45 N.Y.2d 111...

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