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People v. Dipre

Claims This State Prosecution Barred by Double Jeopardy By Prior Federal Plea Rejected

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DECISION AND ORDER

*1  After inspecting the Grand Jury minutes, the Court finds that the evidence before the Grand Jury was legally sufficient in all respects to establish each count and that the instructions to the Grand Jury were proper. Defendant’s motion to release the Grand Jury minutes is denied since release of the Grand Jury minutes is not necessary to assist the Court in determining defendant’s motion, and, in any event, any benefit to such release at this juncture in the proceedings is outweighed by the need to preserve grand jury secrecy. See CPL 210.30(3); 190.25(4)(a). For the following reasons, defendant’s motion to dismiss the charges against him on the ground that the prosecution of these charges is barred by the constitutional and statutory proscriptions against double jeopardy is denied.On July 18, 2016, an indictment was filed by the Grand Jury of Bronx County charging defendant and five others with Criminal Sale of a Firearm in the First Degree, Criminal Possession of a Firearm, Conspiracy in the Fourth Degree and related charges. The evidence presented to the Grand Jury established that, on various occasions between January 2016 and May 2016, defendant purchased 25 firearms in Pennsylvania that were transported to the Bronx by a co-conspirator and sold to an undercover police officer by other co-conspirators.On June 21, 2016, an indictment was filed in the United States District Court for the Middle District of Pennsylvania, charging solely defendant with five counts of knowingly making a false and fictitious statement in the acquisition of a firearm in violation of 18 U.S.C. §§922(a)(6) and 924(a)(2). These counts charged defendant with making false statements when he purchased 14 of the guns that were sold to the undercover in the Bronx and are the subject of 31 of the 53 counts defendant is charged with in the instant

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