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PEOPLE v. CLAUD

181 A.D.2d 830 (1992)

The People of the State of New York, Appellant, v. John Claud, Respondent

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

March 23, 1992

Ordered that the order is affirmed insofar as appealed from.

CPL 40.30 (2) (b) provides that a subsequent prosecution is not barred by a previous prosecution "for a lesser offense than could have been charged under the facts of the case [if] the prosecution was procured by the defendant, without the knowledge of the appropriate prosecutor, for the purpose of avoiding prosecution for the greater offense" (see, Corbin...

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