PEOPLE v. CRUZ


161 A.D.2d 1182 (1990)

The People of the State of New York, Respondent, v. Elias A. Cruz, Jr., Appellant

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

May 11, 1990


Judgment unanimously affirmed.

Memorandum:

Defendant asserts that double jeopardy attached to bar his retrial. A motion to dismiss the indictment pursuant to CPL 210.20 (1) (e) is an appropriate remedy to assert a claim that a retrial would subject defendant to double jeopardy (see, Matter of Enright v Siedlecki, 59 N.Y.2d 195, 198, n 1; People v Gentile, 96 A.D.2d 950

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