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PEOPLE v. O'TOOLE

7851, 556/04.

96 A.D.3d 435 (2012)

946 N.Y.S.2d 127

2012 NY Slip Op 4381

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DONALD O'TOOLE, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

June 7, 2012.

At defendant's first trial, which resulted in a reversal by this Court (39 A.D.3d 419 [2007]), defendant was convicted of second-degree robbery but acquitted of first-degree robbery and two counts of attempted second-degree grand larceny. Therefore, under the facts presented, the People were barred by collateral estoppel from presenting evidence at the retrial that defendant's accomplice pointed...

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