PEOPLE v. ROSELLE


193 A.D.2d 56 (1993)

The People of the State of New York, Appellant, v. Sean Roselle, Respondent

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

August 16, 1993


Attorney(s) appearing for the Case

Carl A. Vergari, District Attorney of Westchester County, White Plains (Richard E. Weill of counsel), for appellant.

Stephen J. Pittari, White Plains (Robin J. Bauer of counsel), for respondent.

SULLIVAN, J. P., MILLER and PIZZUTO, JJ., concur.


RITTER, J.

The issue on appeal is whether the doctrine of issue preclusion bars the People from prosecuting the defendant for the alleged assault of his three-year-old daughter because the Family Court, in an earlier child protective proceeding, found child neglect but not child abuse. We conclude that the prosecution should not be precluded by reason of the Family Court's finding. Accordingly, we reverse the...

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