This is a motion to dismiss the indictment because of "double jeopardy". (CPL 40.20.) A mistrial was declared near the end of a jury trial when the Assistant District Attorney (hereafter ADA) pursued a line of questioning during direct examination of a rebuttal witness. The court had advised the ADA (on two prior occasions) that the issue he persisted on raising was improper and impermissible. The ADA, in opposing the motion to dismiss...
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