Schmidt v. Roberts

OPINION OF THE COURT

Alexander, J.

We are confronted in this case with the issue whether under the double jeopardy bar of CPL 40.20, a conspiracy prosecution in another jurisdiction bars a later New York prosecution for consummated result offenses arising out of the same criminal transaction. Although the Legislature addressed this *516problem in 1984 by the enactment of CPL 40.20 (2) (g), which excepts from the double jeopardy bar cases in which the prior conspiracy prosecution occurred in "another state”, petitioner argues that because Thomas McNeil’s prior conspiracy prosecution was pursued by…