PEOPLE v. COOPER


143 Misc.2d 654 (1989)

The People of the State of New York, Plaintiff, v. Sam Cooper, Defendant.

Supreme Court, Bronx County.

April 25, 1989


Attorney(s) appearing for the Case

Nicholas C. DiPiazza for defendant. Robert T. Johnson, District Attorney (Paul C. Rosenfeld of counsel), for plaintiff.


GERALD SHEINDLIN, J.

The defendant moves for dismissal of the indictment on the grounds that a Federal prosecution and acquittal bars the New York prosecution pursuant to the double jeopardy provisions of New York law (CPL 210.20 [1] [e]; 40.20). The particular facts of this case raise an issue of first impression.

In 1986 the defendant and four others were indicted in Bronx County for two counts of...

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