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2006 New York Code - Offender Liable To Indictment.



 
    § 776. Offender liable to indictment. A person, punished as prescribed
  in  this  article,  may,  notwithstanding,  be  indicted  for  the  same
  misconduct, if it is an indictable offense; but the court, before  which
  he  is convicted, must, in forming its sentence, take into consideration
  the previous punishment.

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