People v. Crawford

The defendant was convicted under two counts of a re-indictment charging burglary in the third degree under subdivisions 1 and 2 of section 404 of the Penal Law. The first count charged breaking and entering under subdivision I of said section. The second count charged that defendant committed a crime in a building and broke out, under subdivision 2.

He was sentenced on both counts, the sentences to run concurrently. The question before us is whether his conviction for breaking and entering under subdivision 1 involved double jeopardy.

This was the second indictment against this defendant. The…