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PEOPLE v. HERRERA

8907, 3109/14.

171 A.D.3d 478 (2019)

95 N.Y.S.3d 790

2019 NY Slip Op 02631

The People of the State of New York, Respondent, v. Joel Herrera, Appellant.

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

Decided April 4, 2019.

Defendant's prosecution for conspiracy to commit murder, after a prior prosecution for the actual murder resulted in a trial conviction for manslaughter and gang assault, did not violate the federal or state double jeopardy prohibitions, because conspiracy is not the same offense, for double jeopardy purposes, as murder, manslaughter, or gang assault (see People v Biggs, 1 N.Y.3d 225, 230 [2003]). "The applicable rule is that where...

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