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PEOPLE v. SANDERS

KA 10-00362.

89 A.D.3d 106 (2011)

930 N.Y.S.2d 373

2011 NY Slip Op 7100

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. SEAN SANDERS, Respondent.

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

October 7, 2011.

Attorney(s) appearing for the Case

Michael C. Green , District Attorney, Rochester ( Geoffrey Kaeuper , of counsel), for appellant.

Timothy P. Donaher , Public Defender, Rochester ( Timothy S. Davis , of counsel), for defendant-respondent.

SCUDDER, P.J., SCONIERS and GORSKI, JJ., concur.

OPINION OF THE COURT

LINDLEY, J.

The People appeal from an order granting that part of defendant's omnibus motion seeking to dismiss the indictment on double jeopardy grounds. For the reasons that follow, we conclude that County Court properly determined that prosecution of the indictment is barred by the Double Jeopardy Clauses of the Federal and State Constitutions.

I

By way of background, in August 2002 defendant was charged by felony...

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