People v. Cooper

OPINION OF THE COURT

Gerald Sheindlin, J.

The defendant moves for dismissal of the indictment on the *655grounds that a Federal prosecution and acquittal bars the New York prosecution pursuant to the double jeopardy provisions of New York law (CPL 210.20 [1] [e]; 40.20). The particular facts of this case raise an issue of first impression.

In 1986 the defendant and four others were indicted in Bronx County for two counts of murder in the second degree, it being alleged that they killed two individuals in 1984.

In 1987, the defendant and 18 others were the subject of a Federal indictment in the…