MATTER OF MOSS v. VAUGHN

Adjudged that the petition is denied and the proceeding is dismissed, without costs or disbursements.

Dismissal of the indictment on statutory, as well as constitutional, double jeopardy grounds (see, CPL 40.20; NY Const, art I, § 6; US Const 5th, 14th Amends) is not warranted here since at the time it accepted a plea of guilty with respect to the misdemeanor information, the District Court of Suffolk County had been divested of jurisdiction over the matter by the indictment of the petitioner on felony narcotics charges (see, People v Carter, 134 Misc.2d 878, affd 155 A.D.2d 608; CPL 170.20). Mangano, P.J., Bracken, Rubin and Rosenblatt, JJ., concur.