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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46934 Justice Massaro IN DEFENDANT’S homicide trial, the prosecution moved to preclude defense counsel from questioning a prosecution witness as to whether the district attorney ever prosecuted the witness for two murders forming part of a “racketeering activity” underlying the witness’ guilty plea in a federal Racketeer Influenced and Corrupt Organizations Act (RICO) action. The prosecution argued that because the two murders were underlying acts in the witness’ RICO guilty plea, he was already prosecuted for those crimes and thus, under Criminal Procedure Law �40.20, prosecution by the district attorney would have violated the witness’ protection against double jeopardy. The court denied the prosecution’s preclusion motion. It noted that New York law does not bar separate or subsequent prosecutions where different criminal elements are established and that, under CPL �40.50, state prosecution does not violate the prohibition against double jeopardy where there has been a prior RICO conviction.

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