PEOPLE v. SUAREZ


122 Misc.2d 1040 (1984)

The People of the State of New York, Plaintiff, v. Edgar Suarez, Defendant.

Supreme Court, Bronx County.

January 27, 1984


Attorney(s) appearing for the Case

Oscar Holt, III, for defendant. Mario Merola, District Attorney (Margaret McGarrity of counsel), for plaintiff.


HOWARD E. GOLDFLUSS, J.

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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