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PEOPLE v. KLEIN

76 A.D.2d 913 (1980)

The People of the State of New York, Appellant, v. Laura Klein and William Overton, Respondents

Appellate Division of the Supreme Court of the State of New York, Second Department.

June 23, 1980

Order affirmed.

While we disagree with Criminal Term's finding that a decision by an arbitrator may be used to collaterally estop a subsequent criminal prosecution, we agree with the court that dismissal of the indictment is warranted in the interests of justice. Moreover, in view of a stipulation by the Assistant District Attorney, there is no need for a hearing (cf. CPL 210.40; People v Clayton, 41 A.D.2d 204

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