Section 40.30. Previous prosecution; what constitutes

1.    Except  as  otherwise  provided  in  this  section, a person "is
  prosecuted" for an offense, within the meaning of section 40.20, when he
  is charged therewith by an accusatory instrument filed  in  a  court  of
  this state or of any jurisdiction within the United States, and when the
  action either:
    (a)  Terminates in a conviction upon a plea of guilty; or
    (b)    Proceeds  to  the trial stage and a jury has been impaneled and
  sworn or, in the case of a trial by the court without a jury, a  witness
  is sworn.
    2.    Despite  the  occurrence of proceedings specified in subdivision
  one, a person is not deemed to have  been  prosecuted  for  an  offense,
  within the meaning of section 40.20, when:
    (a)    Such  prosecution occurred in a court which lacked jurisdiction
  over the defendant or the offense; or
    (b)  Such prosecution was for a lesser offense than  could  have  been
  charged under the facts of the case, and the prosecution was procured by
  the  defendant, without the knowledge of the appropriate prosecutor, for
  the purpose of avoiding prosecution for a greater offense.
    3.  Despite the occurrence of  proceedings  specified  in  subdivision
  one,  if  such  proceedings  are subsequently nullified by a court order
  which restores the action to its pre-pleading status or which directs  a
  new  trial  of the same accusatory instrument, the nullified proceedings
  do not bar further prosecution of such offense under the same accusatory
  instrument.
    4.  Despite the occurrence of  proceedings  specified  in  subdivision
  one,  if  such  proceedings  are subsequently nullified by a court order
  which dismisses the accusatory instrument but authorizes the  people  to
  obtain  a  new  accusatory  instrument  charging  the same offense or an
  offense based upon the same conduct, the nullified  proceedings  do  not
  bar  further  prosecution  of  such  offense  under  any  new accusatory
  instrument obtained pursuant to such court order or authorization.