PEOPLE v. FAGAN


66 N.Y.2d 815 (1985)

The People of the State of New York, Respondent, v. Alonzo Fagan, Appellant.

Court of Appeals of the State of New York.

Decided November 14, 1985.


Attorney(s) appearing for the Case

Edward J. Nowak, Public Defender (Brian Shiffrin of counsel), for appellant.

Howard R. Relin, District Attorney (Melvin Bressler and Michael J. Nelson of counsel), for respondent.

Chief Judge WACHTLER and Judges JASEN, MEYER, SIMONS, KAYE, ALEXANDER and TITONE concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed.

The courts below properly found that the dismissal, at the conclusion of a final parole revocation hearing of charges lodged against the defendant, did not bar a later prosecution of criminal charges based on the same acts. Collateral estoppel is a flexible doctrine, not to be applied automatically just because its formal prerequisites are met (

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