New York Court of Appeals
People v. Harris
May 26, 20262026 NY Slip Op 03260
Summary
The Court of Appeals held that the murder prosecution was not barred by CPL 40.40 (2) after defendant previously pleaded guilty to simple firearm possession. The possession offense and the murder were not part of the same criminal transaction because possession was complete upon defendant's exercise of dominion and control over the firearm, while the charged possession occurred the day after the homicide and was not unified with it by timing, circumstances, or criminal purpose. The court therefore affirmed reinstatement of the murder indictment.