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People v. Kinnaman

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 1, 2002
298 A.D.2d 902 (N.Y. App. Div. 2002)

Opinion

KA 02-00789

October 1, 2002.

Appeal from a judgment of Ontario County Court (Doran, J.), entered September 29, 2000, convicting defendant following a nonjury trial of, inter alia, reckless endangerment in the first degree.

FIANDACH FIANDACH, ROCHESTER (EDWARD L. FIANDACH OF COUNSEL), FOR DEFENDANT-APPELLANT.

R. MICHAEL TANTILLO, DISTRICT ATTORNEY, CANANDAIGUA (BRIAN D. DENNIS OF COUNSEL), FOR PLAINTIFF-RESPONDENT.

PRESENT: GREEN, J.P., HAYES, HURLBUTT, GORSKI, AND LAWTON, JJ.


MEMORANDUM AND ORDER

It is hereby ORDERED that the judgment so appealed from be and the same hereby is unanimously affirmed.

Memorandum:

County Court properly denied defendant's motion to dismiss the indictment on double jeopardy grounds. The proof necessary to establish the elements of the traffic infractions to which defendant pleaded guilty in the Town Courts of Livonia and Richmond is different from the proof necessary to establish the elements of the offenses charged in the indictment. Thus, the constitutional prohibition against double jeopardy was not violated by the prosecution of the indictment ( see People v. Dwight S., 33 A.D.2d 1032, affd 29 N.Y.2d 172; People v. Lindsly, 99 A.D.2d 99, 100-101; see generally People v. Prescott, 66 N.Y.2d 216, 221, cert denied 475 U.S. 1150). Nor was the prosecution of the indictment barred by the statutory prohibition against separate prosecutions for offenses based upon the same criminal transaction ( see CPL 40.20). Separate prosecutions for the traffic infractions and the offenses charged in the indictment were authorized under paragraphs (a) and (b) of CPL 40.20 (2) ( see Lindsly, 99 A.D.2d at 101; People v. Green, 89 Misc.2d 639, 640-641).


Summaries of

People v. Kinnaman

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 1, 2002
298 A.D.2d 902 (N.Y. App. Div. 2002)
Case details for

People v. Kinnaman

Case Details

Full title:PEOPLE OF THE STATE OF NEW YORK, PLAINTIFF-RESPONDENT, v. WESLEY P…

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Oct 1, 2002

Citations

298 A.D.2d 902 (N.Y. App. Div. 2002)
747 N.Y.S.2d 842