Court Opinions

State Laws

US Code

US Constitution

New York Criminal Procedure Law Section 40.20 - Previous Prosecution; When A Bar To Second Prosecution.

Legal Research Home > New York Lawyer > Criminal Procedure > New York Criminal Procedure Law Section 40.20 - Previous Prosecution; When A Bar To Second Prosecution.

 
    § 40.20  Previous prosecution; when a bar to second prosecution.
    1.  A person may not be twice prosecuted for the same offense.
    2.    A person may not be separately prosecuted for two offenses based
  upon the same act or criminal transaction unless:
    (a)  The offenses as defined have substantially different elements and
  the  acts  establishing  one   offense   are   in   the   main   clearly
  distinguishable from those establishing the other; or
    (b)   Each of the offenses as defined contains an element which is not
  an element of the other, and  the  statutory  provisions  defining  such
  offenses  are  designed to prevent very different kinds of harm or evil;
  or
    (c)    One  of  such  offenses  consists  of  criminal  possession  of
  contraband matter and the other offense is one involving the use of such
  contraband matter, other than a sale thereof; or
    (d)  One of the offenses is assault or some other offense resulting in
  physical  injury  to  a person, and the other offense is one of homicide
  based upon the death of such person from the same physical  injury,  and
  such  death  occurs  after  a  prosecution  for  the  assault  or  other
  non-homicide offense; or
    (e)  Each offense involves death, injury, loss or other consequence to
  a different victim; or
    (f) One of the  offenses  consists  of  a  violation  of  a  statutory
  provision  of another jurisdiction, which offense has been prosecuted in
  such other jurisdiction and has there been terminated by a  court  order
  expressly  founded  upon  insufficiency  of  evidence  to establish some
  element of such offense which is not an element of  the  other  offense,
  defined by the laws of this state; or
    (g)  The  present  prosecution is for a consummated result offense, as
  defined in subdivision three of section 20.10, which  occurred  in  this
  state  and  the  offense was the result of a conspiracy, facilitation or
  solicitation prosecuted in another state.
    (h) One of such offenses is  enterprise  corruption  in  violation  of
  section  460.20  of  the penal law, racketeering in violation of federal
  law or any comparable offense pursuant to the law of another state and a
  separate or subsequent prosecution is not barred  by  section  40.50  of
  this article.

Last modified: July 31, 2006