People v. Perkins

OPINION OF THE COURT

Carol Berkman, J.

Defendant, charged with robbery in the first degree, has moved pursuant to CPL 40.20 and 40.40 for an order dismissing the indictment on the grounds that this prosecution violates his statutory double jeopardy rights and the rules of mandatory joinder. The motion is denied.

QUESTION PRESENTED

Does a prosecution for criminal possession of stolen property bar a subsequent prosecution for the forcible robbery of that property either on mandatory joinder or statutory double jeopardy grounds? Contrary to People v Williams (123 Misc 2d 165), the only reported…