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PEOPLE v. DEMARCO

167 A.D.2d 640 (1990)

The People of the State of New York, Respondent, v. Joseph A. Demarco, Appellant

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

November 8, 1990

We reject defendant's contention that his prosecution for forgery was barred by the double jeopardy provisions of CPL 40.10 and 40.40. Although the two crimes (burglary and forgery) could be said to have arisen out of one criminal transaction (CPL 40.10 [2]), they were comprised of substantially different elements and were still separate crimes (see, CPL 40.20 [2] [a]; People v Hopkins, 95 A.D.2d 870). Additionally, the People...

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