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PEOPLE v. HILTON

95 N.Y.2d 950 (2000)

745 N.E.2d 381

722 N.Y.S.2d 461

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM HILTON, Appellant.

Court of Appeals of the State of New York.

Decided December 21, 2000.

Attorney(s) appearing for the Case

Murray E. Singer, Forest Hills, for appellant.

Richard A. Brown, District Attorney of Queens County, Kew Gardens (Johnnette Traill and John M. Castellano of counsel), for respondent.

Legal Aid Society, Criminal Defense Division, New York City (Thomas M. O'Brien of counsel), amicus curiae.

Before: Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

The issue on appeal is whether the State is collaterally estopped from prosecuting the defendant for sexual abuse in the first degree following a probation revocation hearing that terminated in his favor. We affirm the order of the Appellate Division holding that collateral estoppel did not prevent prosecution on the indictment.

On August 2, 1995, defendant...

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