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PEOPLE v. SERRANO

10046, 3947/13.

176 A.D.3d 476 (2019)

110 N.Y.S.3d 112

2019 NY Slip Op 07337

The People of the State of New York, Respondent, v. Raul Serrano, Appellant.

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

Decided October 10, 2019.

Attorney(s) appearing for the Case

Janet E. Sabel , The Legal Aid Society, New York ( Harold V. Ferguson, Jr. , of counsel), for appellant.

Darcel D. Clark , District Attorney, Bronx ( Beth Kublin of counsel), for respondent.

Concur—Manzanet-Daniels, J.P., Kern, Oing, Singh, JJ.

Defendant's motion to dismiss the indictment on double jeopardy grounds was properly denied. We agree with Supreme Court's determination (46 Misc.3d 960 [Sup Ct, Bronx County 2014]) that defendant's prosecution by indictment for aggravated unlicensed operation of a motor vehicle (Vehicle and Traffic Law § 511) was not barred by double jeopardy protections, notwithstanding defendant's conviction of the lesser included offense of...

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