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PEOPLE v. HILTON

179 Misc.2d 538 (1999)

686 N.Y.S.2d 581

The People of the State of New York, Plaintiff, v. William Hilton, Defendant.

Supreme Court, Queens County.

January 5, 1999

Attorney(s) appearing for the Case

Lawrence Halfond, Kew Gardens, for defendant. Richard A. Brown, District Attorney of Queens County, Kew Gardens (Stephen Antignani of counsel), for plaintiff. Legal Aid Society, New York City (Thomas M. O'Brien of counsel), amicus curiae.

SEYMOUR ROTKER, J.

Issue Presented

The case presents a question of apparent first impression in this State:1 Does the doctrine of collateral estoppel prevent the People from continued criminal prosecution of a defendant who has been the subject of a full hearing regarding his violation of probation for the very same acts underlying one count of a new indictment against...

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