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MATTER OF SMITH v. MARRUS

33 A.D.3d 708 (2006)

826 N.Y.S.2d 263

In the Matter of DANNY SMITH, Petitioner, v. ALAN MARRUS et al., Respondents.

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

Decided October 10, 2006.

Adjudged that the petition is denied, without costs or disbursements, and the proceeding is dismissed on the merits.

The Double Jeopardy Clauses of the state and federal constitutions protect an accused from multiple prosecutions for the same offense (see US Const 5th Amend; NY Const, art I, § 6). In a jury trial, once the jury is empaneled and sworn, jeopardy attaches (see CPL 40.30 [1] [b]; People v Ferguson, 67 N.Y.2d...

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