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MATTER OF W.

61 A.D.2d 884 (1978)

In the Matter of Roger W.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

February 17, 1978

Appeal unanimously dismissed.

Memorandum:

The order appealed from is essentially a trial order of dismissal akin to an order under CPL 290.10. The double jeopardy rule precludes appeal from such an order whenever a reversal would require a retrial or even if it would be necessary for the trial court to make supplemental findings (United States v Jenkins, 420 U.S. 358; People v Brown, 40 N.Y.2d...

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