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PEOPLE v. ROSA

265 A.D.2d 167 (1999)

696 N.Y.S.2d 138

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MIGUEL ROSA, Appellant.

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

Decided October 5, 1999.

Defendant's conviction was not jurisdictionally defective. The court properly reinstated a previously dismissed indictment upon defendant's specific recommendation and accepted defendant's guilty plea under the reinstated indictment. There is no constitutional impediment to a court's power to modify its decisions provided those modifications do not subject the defendant to double jeopardy (Matter of Lionel F., 76 N.Y.2d 747, cert...

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