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PEOPLE v. THOMPSON

136 Misc.2d 740 (1987)

The People of the State of New York, Plaintiff, v. Robert G. Thompson, Defendant.

County Court, Yates County.

August 31, 1987

Attorney(s) appearing for the Case

Dymkar & Muldoon (Irene K. Dymkar of counsel), for defendant. W. Patrick Falvey, District Attorney, for plaintiff.

FREDERICK D. DUGAN, J.

Defendant here moves to dismiss the indictment on the grounds of previous prosecution barring a second prosecution of the offenses set forth in the indictment (US Const 5th Amend; NY Const, art I, § 6; CPL 40.20).

The offenses charged arose from defendant's alleged operation while intoxicated of a motorboat which left the waters of Canandaigua Lake and struck the shore causing...

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