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PEOPLE v. ROSELLE

84 N.Y.2d 350 (1994)

643 N.E.2d 72

618 N.Y.S.2d 753

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

Court of Appeals of the State of New York.

Decided October 25, 1994.

Attorney(s) appearing for the Case

Robin J. Bauer, White Plains, and Stephen J. Pittari for appellant.

Jeanine Pirro, District Attorney of Westchester County, White Plains (Richard E. Weill of counsel), for respondent.

Chief Judge KAYE and Judges SIMONS, TITONE, BELLACOSA, SMITH and LEVINE concur.

CIPARICK, J.

The genesis of this criminal action is an April 29, 1990 incident which resulted in a Family Court determination that defendant neglected his three-year-old daughter. The issue framed for our review is whether the doctrine of collateral estoppel precludes the criminal prosecution of defendant for the same incident that resulted in the neglect finding.

I.

On April 29, 1990, the child...

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