PEOPLE v. BRANCOCCIO


189 A.D.2d 525 (1993)

The People of the State of New York, Respondent, v. James Brancoccio, Appellant

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

April 26, 1993


Attorney(s) appearing for the Case

Philip L. Weinstein, New York City (Robert P. App of counsel), for appellant.

Charles J. Hynes, District Attorney of Kings County, Brooklyn (Roseann B. MacKechnie, Leonard Joblove and Linda Breen of counsel), for respondent.

BRACKEN, SULLIVAN and LAWRENCE, JJ., concur.


MANGANO, P. J.

The question to be resolved on this appeal is whether the defendant's prosecution under Indictment Number 16451/89 is barred on the ground that it violates the defendant's constitutional protection against double jeopardy. In our view, this question must be answered in the negative.

I

On December 1, 1989, the defendant attempted to unlawfully enter a residential apartment, by...

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