The following proceedings will not constitute an acquittal of the same offense: (1) If the defendant was formerly acquitted on the ground of a variance between the accusatory instrument and the proof; or (2) If the accusatory instrument was: (a) Dismissed upon a demurrer to its form or substance; (b) Dismissed upon any pretrial motion; or (c) Discharged for want of prosecution without a judgment of acquittal. CRIMINAL FORFEITURE
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