PEOPLE v. MEARES


24 Misc.3d 352 (2009)

876 N.Y.S.2d 615

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. EARL MEARES, Defendant.

Criminal Court of the City of New York, Kings County.

Decided March 13, 2009.


Attorney(s) appearing for the Case

Legal Aid Society (Seymour James and Kathryn Thiesenhusen of counsel), for defendant.

Charles J. Hynes, District Attorney (Debbie Jaroslawicz of counsel), for plaintiff.


OPINION OF THE COURT

MICHAEL GERSTEIN, J.

This is a case of first impression involving the constitutional prohibition against double jeopardy. The parties have not cited any case, nor has our research uncovered any, addressing the precise issue presented, i.e., whether a convicted sex offender, registered as such in New York, who moves out of state and is convicted of failing to register under the laws of his new residence, may subsequently be prosecuted...

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