What is the effect of the Fifth Amendment on the prosecution of a defendant who is accused of a greater and lesser included crime?
"New York", United States of America
The following excerpt is from People v. Lasek, 405 N.Y.S.2d 991, 94 Misc.2d 1007 (N.Y. Cty. Ct. 1978):
"Whatever the sequence may be, the Fifth Amendment forbids successive prosecution . . . for a greater and lesser included offense." Brown v. Ohio, 432 U.S. 161, 169, 97 S.Ct. 2221, 2227, 53 L.Ed.2d 187 (1977).
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