The defendant moves to withdraw a previously entered plea of guilty to criminal possession of a weapon in the third degree and for dismissal of the indictment. He alleges that his constitutional (US Const, 5th Amdt; NY Const, arts I, VI) and statutory (CPL 40.20) protections against double jeopardy were violated.
The defendant entered his plea of guilty on August 30, 1983, before this court on indictment 974 of 1979 to...
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