WEINER v. NEW YORK STATE DEP'T OF MOTOR VEHICLES


79 A.D.2d 1022 (1981)

Ford K. Weiner, Appellant, v. New York State Department of Motor Vehicles et al., Respondents

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

January 26, 1981


Judgment affirmed, with costs.

Assuming, without deciding, that double jeopardy protections would be applicable here, the first two charges are distinct from the third for double jeopardy purposes and, thus, prosecution on the first two did not bar prosecution on the third (see CPL 40.20). Moreover petitioner did not move for a joint trial of the three charges (see CPL 40.40) and thus waived any right he might have had to object to separate prosecutions (see Serignese...

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