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PEOPLE v. BRANCOCCIO

147 Misc.2d 1030 (1990)

The People of the State of New York, Plaintiff, v. James Brancoccio, Defendant.

Supreme Court, Kings County.

June 6, 1990

Attorney(s) appearing for the Case

Robert Massi for defendant. Charles J. Hynes, District Attorney (John O'Connor of counsel), for plaintiff.

LEWIS L. DOUGLASS, J.

The defendant moves, pursuant to CPL 40.30 (1) (a), to dismiss the indictment on the grounds that because he pleaded guilty to the charges, when the charges were pending against him in the Criminal Court, this prosecution of the same charges in the Supreme Court violates his constitutional protection against double jeopardy. The prosecutor argues that because the Grand Jury voted to...

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