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PEOPLE v. PEMBERTON

144 A.D.2d 222 (1988)

The People of the State of New York, Respondent, v. Geoffrey Pemberton, Appellant

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

October 27, 1988

Yesawich, Jr., J.

As was the case when this matter was previously before this court (Matter of Pemberton v Turner, 124 A.D.2d 338, appeal dismissed 69 N.Y.2d 822), the issue now is again one of double jeopardy. We observed then that defendant had possessed the weapon on two separate occasions, namely, during the early morning of the high-speed chase when he took the gun from codefendant Calvin Fuller and...

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