People v. Fletcher

OPINION OF THE COURT

Irving Lang, J.

The defendant’s motion to dismiss the instant indictment on double jeopardy grounds raises the issue whether an earlier plea of guilty on a misdemeanor complaint charging the defendant with criminal possession of stolen property and related crimes bars prosecution on a subsequent indictment charging the defendant with burglary, grand larceny and two counts of criminal possession of stolen property, when the offenses charged in the misdemeanor complaint and the indictment are based upon the same criminal transaction.

The defendant claims that this prosecution…