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MAIETTA v. ARTUZ

No. 1323, Docket 95-2673.

84 F.3d 100 (1996)

Michael MAIETTA, Petitioner-Appellant, v. Christopher ARTUZ, Superintendent, Greenhaven Correctional Facility, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided May 15, 1996.

Attorney(s) appearing for the Case

Steven C. Krane, New York City (Pamela B. Silverman, Proskauer Rose Goetz & Mendelsohn, New York City, on the brief), for petitioner-appellant.

Lisa I. Cuevas, Asst. Dist. Atty., New York City (Robert T. Johnson, Dist. Atty., Joseph N. Ferdenzi, Allen H. Saperstein, Asst. Dist. Attys., New York City, on the brief), for respondent-appellee.

Before: NEWMAN, Chief Judge, LUMBARD and KEARSE, Circuit Judges.

JON O. NEWMAN, Chief Judge:

The issue on this appeal concerns the preclusive effect of a guilty plea in the context of successive criminal prosecutions. The precise issue is whether a guilty plea forecloses a challenge to the validity of an arrest under circumstances where not being arrested is a condition of a plea agreement governing sentencing on an unrelated charge. The issue arises on an appeal by Michael Maietta from the September 5, 1995, judgment of the District...

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