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PEOPLE v. PERKINS

161 Misc.2d 502 (1994)

614 N.Y.S.2d 709

The People of the State of New York, Plaintiff, v. Michael Perkins, Defendant.

Supreme Court, New York County.

June 2, 1994

Attorney(s) appearing for the Case

Gary Sunden, New York City, for defendant. Robert M. Morgenthau, District Attorney of New York County, New York City (Ruth Yang of counsel), for plaintiff.

CAROL BERKMAN, J.

Defendant, charged with robbery in the first degree, has moved pursuant to CPL 40.20 and 40.40 for an order dismissing the indictment on the grounds that this prosecution violates his statutory double jeopardy rights and the rules of mandatory joinder. The motion is denied.

QUESTION PRESENTED

Does a prosecution for criminal possession of stolen property bar a subsequent prosecution...

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