People v. Easterling

Appeal, as limited by the People’s brief, from so much of an order of the County Court, Nassau County, dated February 28, 1977, as granted the branch of defendant’s motion which sought dismissal of the indictment pursuant to CPL 40.40 (subd 2). Order reversed insofar as appealed from, the branch of defendant’s motion is denied, and the indictment reinstated. As applicable to the instant action, CPL 40.40 (subd 2) bars the subsequent prosecution of an uncharged joinable offense only if that offense had not been charged in an accusatory instrument filed in the same court as that court which…