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PEOPLE v. BATISTA

158 Misc.2d 985 (1993)

602 N.Y.S.2d 774

The People of the State of New York, Plaintiff, v. Charles Batista, Juan Mena and George Nieves, Defendants.

Supreme Court, New York County.

August 30, 1993

Attorney(s) appearing for the Case

Paul I. Averbach, Bronx, for Charles Batista, defendant. Lynne Stewart, New York City, for Juan Mena, defendant. Legal Aid Society, New York City (Rachel Goldberg of counsel), for George Nieves, defendant. Robert M. Morgenthau, District Attorney of New York County, New York City (J. K. Sullivan of counsel), for plaintiff.

BERNARD J. FRIED, J.

Defendants move, in their respective omnibus motions, inter alia, to dismiss the instant prosecution claiming it is barred by collateral estoppel.1 The issue presented is whether the People are barred from litigating the propriety of defendants' search and seizure in this criminal action, by virtue of a Family Court suppression order, resolved in favor...

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