New York Judiciary Code § 776

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

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