§ 40.40 — Separate prosecution of jointly prosecutable offenses; when barred

New York § 40.40

• 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

Text

§ 40.40 Separate prosecution of jointly prosecutable offenses; when\n barred.\n 1. Where two or more offenses are joinable in a single accusatory\ninstrument against a person by reason of being based upon the same\ncriminal transaction, pursuant to paragraph (a) of subdivision two of\nsection 200.20, such person may not, under circumstances prescribed in\nthis section, be separately prosecuted for such offenses even though\nsuch separate prosecutions are not otherwise barred by any other section\nof this article.\n 2. When (a) one of two or more joinable offenses of the kind\nspecified in subdivision one is charged in an accusatory instrument, and\n(b) another is not charged therein, or in any other accusatory\ninstrument filed in the same court, despite possession by the people of\nevidence legally sufficient to support a conviction of the defendant for\nsuch uncharged offense, and (c) either a trial of the existing\naccusatory instrument is commenced or the action thereon is disposed of\nby a plea of guilty, any subsequent prosecution for the uncharged\noffense is thereby barred.\n 3. When (a) two or more of such offenses are charged in separate\naccusatory instruments filed in the same court, and (b) an application\nby the defendant for consolidation thereof for trial purposes, pursuant\nto subdivision five of section 200.20 or section 100.45, is improperly\ndenied, the commencement of a trial of one such accusatory instrument\nbars any subsequent prosecution upon any of the other accusatory\ninstruments with respect to any such offense.\n