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PEOPLE v. AUSTIN

14 Misc.3d 295 (2006)

825 N.Y.S.2d 333

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. OTIS AUSTIN, Defendant.

Supreme Court, New York County.

September 20, 2006.

Attorney(s) appearing for the Case

Susan Calvello for defendant.

Robert M. Morgenthau, District Attorney (Christopher Conroy of counsel), for plaintiff.

OPINION OF THE COURT

RENA K. UVILLER, J.

The defendant moves to dismiss each of the four counts of the indictment on grounds of double jeopardy. (CPL 210.20 [c]; 40.20.) The issue raised by his motion is whether a plea in federal court to a federal weapons possession charge bars a New York State prosecution for attempted first degree robbery with the same weapon and second and third degree possession, also of that weapon.

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