PEOPLE v. COSTON


63 A.D.3d 41 (2009)

877 N.Y.S.2d 1

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTHONY COSTON, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 24, 2009.


Attorney(s) appearing for the Case

Steven Banks, The Legal Aid Society, New York City (Laura Boyd of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Jean Soo Park and Karen Swiger of counsel), for respondent.

ANDRIAS, J.P., SWEENY and DeGRASSE, JJ., concur.


OPINION OF THE COURT

McGUIRE, J.

The principal issue on this appeal may be a novel one—the parties cite no precedent squarely on point—concerning the scope of the right secured by the double jeopardy provisions of the federal and state constitutions (US Const 5th Amend; NY Const, art I, § 6) not to be punished twice for the same offense. We need not, however, survey double jeopardy precedents to resolve this issue. The parties each rely...

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