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PEOPLE v. GAYLE

193 Misc.2d 556 (2002)

750 N.Y.S.2d 443

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. DELROY GAYLE, Defendant.

Supreme Court, Kings County.

October 15, 2002.

Attorney(s) appearing for the Case

Paul P. Martin, New York City, for defendant.

Charles J. Hynes, District Attorney (Joseph R. Durso, Jr., of counsel), for plaintiff.

OPINION OF THE COURT

VINCENT M. DEL GIUDICE, J.

Defendant is charged with criminal possession of a weapon in the third degree, under Penal Law § 265.02 (1), and moves for dismissal of the indictment on double jeopardy grounds, pursuant to CPL 40.20 (1).

The instant motion arises out of this court's constrained grant of defendant's motion for a mistrial on September 19, 2002, during the direct testimony...

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