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PEOPLE v. BRYANT

92 N.Y.2d 216 (1998)

699 N.E.2d 910

677 N.Y.S.2d 286

The People of the State of New York, Respondent, v. John Bryant, Appellant. The People of the State of New York, Respondent, v. Michael Jones, Appellant. The People of the State of New York, Respondent, v. Dennis Sims, Appellant.

Court of Appeals of the State of New York.

Decided July 9, 1998.

Attorney(s) appearing for the Case

P. J. Carle, New City, for appellant in the first above-entitled action.

Michael E. Bongiorno, District Attorney of Rockland County, New City (Ellen O'Hara Woods and Lisa B. Cohen of counsel), for respondent in the first above-entitled action.

Alex Smith, Middletown, for appellant in the second above-entitled action.

Michael E. Bongiorno, District Attorney of Rockland County, New City (Ellen O'Hara Woods and Lisa B. Cohen of counsel), for respondent in the second above-entitled action.

Robert N. Isseks, Middletown, for appellant in the third above-entitled action.

Michael E. Bongiorno, District Attorney of Rockland County, New City (Ellen O'Hara Woods and Lisa B. Cohen of counsel), for respondent in the third above-entitled action.

Chief Judge KAYE and Judges TITONE, BELLACOSA, SMITH, CIPARICK and WESLEY concur.

LEVINE, J.

The primary issue on this appeal requires us to decide whether, under New York's statutory double jeopardy provision (CPL 40.20), the prosecution of certain offenses contained in a State indictment is barred by the prior prosecution of a Federal indictment where, concededly, both prosecutions are based upon a single criminal transaction. For the reasons that follow, we conclude that the three challenged...

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