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PEOPLE v. BYRNE

3300C-2010.

34 Misc.3d 303 (2011)

936 N.Y.S.2d 506

2011 NY Slip Op 21405

THE PEOPLE OF THE STATE OF NEW YORK, Plaintiff, v. LIAM BYRNE, Defendant.

Supreme Court, Bronx County.

Decided November 14, 2011.

Attorney(s) appearing for the Case

Legal Aid Society, Bronx ( Steven Banks , and Shilpy Goswami , of counsel), for defendant.

Robert T. Johnson , District Attorney, Bronx ( Justin Siebel , of counsel), for plaintiff.

OPINION OF THE COURT

LEONARD LIVOTE, J.

The defendant moves to dismiss on the grounds that this prosecution is barred by the Double Jeopardy Clause of the Federal Constitution and section 40.20 (2) of the Criminal Procedure Law.

The defendant was arrested on January 15, 2010. He was charged with aggravated unlicensed operation of a motor vehicle (Vehicle and Traffic Law § 511 [1] [a]) and violations of the

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