PEOPLE v. KLEIN


96 Misc.2d 692 (1978)

The People of the State of New York, Plaintiff, v. Laura Klein and William Overton, Defendants.

Supreme Court, Criminal Term, Suffolk County.

October 18, 1978


Attorney(s) appearing for the Case

Lester Lipkind for defendants. Patrick Henry, District Attorney (Simon Perchik of counsel), for plaintiff.


JOSEPH JASPAN, J.

The defendants, in a pretrial motion, seek to add a new dimension to the doctrine of collateral estoppel as applied to criminal cases.

The defendants assert that a prior determination in an arbitration proceeding is determinative of a critical factual issue in this case, thereby precluding a successful prosecution. They move for a dismissal...

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