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PEOPLE v. CAPELLAN

17 Misc.3d 337 (2007)

844 N.Y.S.2d 578

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. DANIEL CAPELLAN and JULIO SANTOS, Defendants.

Supreme Court, New York County.

June 20, 2007.

Attorney(s) appearing for the Case

Legal Aid Society (Justine Luongo and Mark Jankowitz of counsel), for defendants.

Robert M. Morgenthau, District Attorney (Christian Brown of counsel), for plaintiff.

OPINION OF THE COURT

LEWIS BART STONE, J.

Defendants Daniel Capellan and Julio Santos move pursuant to the double jeopardy clauses of the state and federal constitutions as well as Criminal Procedure Law § 40.20 to bar retrial of this case and to dismiss the indictment. The People oppose the motion.

Factual Background

The defendants were indicted for one count of criminal sale of a controlled substance in the third degree stemming...

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