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PEOPLE v. ARNOLD

174 Misc.2d 585 (1997)

664 N.Y.S.2d 1008

The People of the State of New York, Plaintiff, v. Sebastian Arnold, Defendant. The People of the State of New York, Plaintiff, v. Patrick Triuck, Defendant.

Supreme Court, Kings County.

October 8, 1997

Attorney(s) appearing for the Case

Legal Aid Society (Chris Flohr of counsel), for Sebastian Arnold, defendant. Robert J. Boyle for Patrick Triuck, defendant. Charles J. Hynes, District Attorney of Kings County (Arlene Markarian and Cynthia Lynch of counsel), for plaintiff.

JOHN M. LEVENTHAL, J.

The issue in these two unrelated cases is whether, under constitutional and State statutory double jeopardy principles, a criminal prosecution in the Supreme Court is precluded by a prior Family Court disposition imposed for a violation of an order of protection based on the same underlying conduct.

In People v Arnold, Sebastian Arnold's then wife1

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