Opinion
December 9, 1964
Appeal from the District Court of Nassau County, FRANCIS J. DONOVAN, J.
Allan Sturim for appellant.
William Cahn, District Attorney ( Donald P. De Riggi of counsel), for respondent.
Defendant's plea of guilty to the charge of violating section 4 of the Explosive Ordinance of the Town of North Hempstead (unlawful discharge of a firearm) barred, upon the ground of double jeopardy, a subsequent prosecution for the same offense under subdivision 4 of section 1904 of the Penal Law. ( People v. Chessman, 13 N.Y.2d 793; People ex rel. Ostwald v. Craver, 272 App. Div. 181; People ex rel. Hunt v. McDonnell, 201 Misc. 406, affd. 279 App. Div. 923; see, also, Code Crim. Pro., § 673.)
The judgment of conviction should be unanimously reversed on the law and complaint dismissed.
Concur — DI GIOVANNA, BENJAMIN and MARGETT, JJ.
Judgment reversed, etc.