PEOPLE v. HOWARD


152 A.D.2d 325 (1989)

The People of the State of New York, Respondent, v. Joseph Howard, Jr., Appellant

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

December 13, 1989


Attorney(s) appearing for the Case

Matthew Muraskin (Kent V. Moston and Lisa M. King of counsel), for appellant.

Denis Dillon, District Attorney (Bruce E. Whitney and Douglas Noll of counsel), for respondent.

SPATT, J. P., and BALLETTA, J., concur with HARWOOD, J.; SULLIVAN, J., concurs in a separate opinion.


HARWOOD, J.

This appeal illustrates that the doctrine of collateral estoppel, in a criminal case, must be flexibly applied with due regard to constitutional and equitable considerations not ordinarily implicated in a civil case. We hold that, even though neither the prosecution nor the defense could have sought appellate review of determinations in a prior criminal proceeding, only the prosecution in this case...

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