Defendant's double jeopardy claims, which are based on the fact that his guilt of the instant crime was established as an aggravating factor during the penalty phase of his Federal prosecution for a capital crime, have been fully litigated before this Court in his unsuccessful CPLR article 78 proceeding (Matter of Linzer v Torres, 237 A.D.2d 999) and thus may not properly be relitigated on this appeal (see, People v Di Raffaele,
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