PEOPLE v. ACEVEDO


69 N.Y.2d 478 (1987)

The People of the State of New York, Respondent, v. Frank Acevedo, Appellant.

Court of Appeals of the State of New York.

Decided May 5, 1987.


Attorney(s) appearing for the Case

Susan P. Wheatley, Rose H. Sconiers and John A. Ziegler for appellant.

Richard J. Arcara, District Attorney (Rosemarie A. Wyman and John J. DeFranks of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, TITONE, HANCOCK, JR., and BELLACOSA concur; Judge ALEXANDER taking no part.


KAYE, J.

This appeal presents two questions: first, whether the doctrine of collateral estoppel can be applied to issues of "evidentiary" fact,1 and second, if so, whether on the present record such fact issues were necessarily established in defendant's favor at his first trial, so as to preclude their further litigation in defendant's second trial. We answer both questions in the...

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