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PEOPLE v. NEZAJ

154 A.D.2d 296 (1989)

The People of the State of New York, Respondent, v. Adam Nezaj, Also Known as Abdullah Nezaj, Appellant

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

October 26, 1989

Contrary to defendant's assertions, the doctrine of collateral estoppel does not preclude the People from relitigating suppression issues previously resolved in Federal court since at least two of the legal criteria for application of the doctrine, identity of the parties and identity of the issues, are not satisfied (see, People v Plevy, 52 N.Y.2d 58, 64; People v Phears...

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