MATTER OF MAISONET v. MEROLA


69 N.Y.2d 965 (1987)

In the Matter of Victor Maisonet, Appellant, v. Mario Merola, as District Attorney of Bronx County, et al., Respondents.

Court of Appeals of the State of New York.

Decided May 5, 1987.


Attorney(s) appearing for the Case

Michele Maxian and Caesar D. Cirigliano for appellant.

Mario Merola, District Attorney (Debra Ann Urbano and Billie Manning of counsel), respondent pro se, and for Frank Torres as Justice of the Supreme Court, respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.


MEMORANDUM.

The judgment of the Appellate Division should be affirmed, without costs.

Petitioner sought a writ of prohibition pursuant to CPLR article 78 preventing respondents from proceeding with further prosecution of charges of robbery and assault. He contends that such prosecution is barred by both common-law and constitutional collateral estoppel based on a finding in a prior probation revocation proceeding...

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