PEOPLE v. COMER


198 A.D.2d 874 (1993)

605 N.Y.S.2d 1006

The People of the State of New York, Appellant, v. Dewayne Comer, Lorenzo Grainger and Louis Huddleston, Respondents

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

November 19, 1993


Order unanimously affirmed and indictment dismissed.

Memorandum:

We affirm for reasons stated in the decision at County Court (Mulroy, J.). We add only that the indictment must be dismissed because the unsuccessful appeal by the People precludes further prosecution of defendant for the charges contained in the accusatory instrument (see, CPL 450.50 [2]; People v Ryan, 195 A.D.2d 1053; People v Felton

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