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Judge Weinberg

DEFENDANT, CHARGED with second-degree aggravated harassment and fourth-degree stalking, moved for dismissal claiming, among other things, double jeopardy. He also sought preclusion of evidence of prior acts that were subject to a harassment prosecution in Kings County, which involved the same complainant and same time periods as the New York County prosecution. The court denied defendant’s motions in their entirety. It concluded that defendant was not being prosecuted twice for the same offense because, although the New York County charges covered the same time period and many of the same acts as the Kings County prosecution, they included two separate telephone calls to the complainant which were not included in the Kings County charges. The court also determined that double jeopardy would not preclude prosecution on the stalking charge because the stalking statutes are distinct from the harassment statutes and have different essential elements and public policy goals.

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