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overt or covert, that the choice must in law be deemed to be that of the State."' Stein, 541 F.3d at 147 (quoting Blum, 457 U.S. at 1004); see also Flagg v. Yonkers Say. & Loan Ass 'n, 396 F.3d 178, 187 (2d Cir. 2005). b. Discussion As an initial matter, the defendant's Fifth Amendment claim fails b
determining whether an indictment is in fact multiplicitous," and the record cannot be fully established until trial is complete. United States v. McCouny, 562 F.3d 458, 469 (2d Cir. 2009). Additionally, because double jeopardy is meant to protect a defendant from successive punishments for the same of
overt or covert, that the choice must in law be deemed to be that of the State."' Stein, 541 F.3d at 147 (quoting Blum, 457 U.S. at 1004); see also Flagg v. Yonkers Say. & Loan Ass 'n, 396 F.3d 178, 187 (2d Cir. 2005). b. Discussion As an initial matter, the defendant's Fifth Amendment claim fails b
determining whether an indictment is in fact multiplicitous," and the record cannot be fully established until trial is complete. United States v. McCouny, 562 F.3d 458, 469 (2d Cir. 2009). Additionally, because double jeopardy is meant to protect a defendant from successive punishments for the same of
overt or covert, that the choice must in law be deemed to be that of the State."' Stein, 541 F.3d at 147 (quoting Blum, 457 U.S. at 1004); see also Flagg v. Yonkers Say. & Loan Ass 'n, 396 F.3d 178, 187 (2d Cir. 2005). b. Discussion As an initial matter, the defendant's Fifth Amendment claim fails b
determining whether an indictment is in fact multiplicitous," and the record cannot be fully established until trial is complete. United States v. McCouny, 562 F.3d 458, 469 (2d Cir. 2009). Additionally, because double jeopardy is meant to protect a defendant from successive punishments for the same of
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