§ 40.20 — Previous prosecution; when a bar to second prosecution

New York § 40.20

• Jurisdiction: New York
• Law CPL: Criminal Procedure
• Title C: General Principles Relating to Requirements For and Exemptions From Criminal Prosecution
• Part 1: General Provisions
• Art. 40: Exemption From Prosecution By Reason of Previous Prosecution

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§ 40.20 Previous prosecution; when a bar to second prosecution.\n 1. A person may not be twice prosecuted for the same offense.\n 2. A person may not be separately prosecuted for two offenses based\nupon the same act or criminal transaction unless:\n (a) The offenses as defined have substantially different elements and\nthe acts establishing one offense are in the main clearly\ndistinguishable from those establishing the other; or\n (b) Each of the offenses as defined contains an element which is not\nan element of the other, and the statutory provisions defining such\noffenses are designed to prevent very different kinds of harm or evil;\nor\n (c) One of such offenses consists of criminal possession of contraband\nmatter and the other offense is one involving the use of such contraband\nmatter, other than a sale thereof; or\n (d) One of the offenses is assault or some other offense resulting in\nphysical injury to a person, and the other offense is one of homicide\nbased upon the death of such person from the same physical injury, and\nsuch death occurs after a prosecution for the assault or other\nnon-homicide offense; or\n (e) Each offense involves death, injury, loss or other consequence to\na different victim; or\n (f) One of the offenses consists of a violation of a statutory\nprovision of another jurisdiction, which offense has been prosecuted in\nsuch other jurisdiction and has there been terminated by a court order\nexpressly founded upon insufficiency of evidence to establish some\nelement of such offense which is not an element of the other offense,\ndefined by the laws of this state; or\n (g) The present prosecution is for a consummated result offense, as\ndefined in subdivision three of section 20.10, which occurred in this\nstate and the offense was the result of a conspiracy, facilitation or\nsolicitation prosecuted in another state.\n (h) One of such offenses is enterprise corruption in violation of\nsection 460.20 of the penal law, racketeering in violation of federal\nlaw or any comparable offense pursuant to the law of another state and a\nseparate or subsequent prosecution is not barred by section 40.50 of\nthis article.\n (i) One of the offenses consists of a violation of 18 U.S.C. 371,\nwhere the object of the conspiracy is to attempt in any manner to evade\nor defeat any federal income tax or the payment thereof, or a violation\nof 26 U.S.C. 7201, 26 U.S.C. 7202, 26 U.S.C. 7203, 26 U.S.C. 7204, 26\nU.S.C. 7205, 26 U.S.C. 7206 or 26 U.S.C. 7212(A), where the purpose is\nto evade or defeat any federal income tax or the payment thereof, and\nthe other offense is committed for the purpose of evading or defeating\nany New York state or New York city income taxes and is defined in\narticle one hundred fifty-five of the penal law, article one hundred\nseventy of the penal law, article one hundred seventy-five of the penal\nlaw, article thirty-seven of the tax law or chapter forty of title\neleven of the administrative code of the city of New York.\n