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MATTER OF MOSS v. VAUGHN

164 A.D.2d 958 (1990)

In the Matter of James A. Moss, Petitioner, v. John V. Vaughn et al., Respondents

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

August 28, 1990

Adjudged that the petition is denied and the proceeding is dismissed, without costs or disbursements.

Dismissal of the indictment on statutory, as well as constitutional, double jeopardy grounds (see, CPL 40.20; NY Const, art I, § 6; US Const 5th, 14th Amends) is not warranted here since at the time it accepted a plea of guilty with respect to the misdemeanor information, the District Court of Suffolk County...

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