Petitioner Bernard Robinson states that he was arrested on August 4, 1997 in connection with the present indictment, number 5747/97, charging him with one count each of conspiracy in the first and second degrees. Petitioner moved to dismiss the indictment pursuant to CPL 40.20 (2), asserting that prosecution is barred because it constitutes double jeopardy. His uncontroverted affidavit alleges that he was previously prosecuted and convicted, under indictment number 7694/96...
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