[DOWNLOAD] "People State New York v. Alonzo Fagan" by Court of Appeals of New York * Book PDF Kindle ePub Free
eBook details
- Title: People State New York v. Alonzo Fagan
- Author : Court of Appeals of New York
- Release Date : January 14, 1985
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
The courts below properly found that the dismissal, at the conclusion of a final parole revocation hearing of charges lodged
against the defendant, did not bar a later prosecution of criminal charges based on the same acts. Collateral estoppel is
a flexible doctrine, not to be applied automatically just because its formal prerequisites are met (Gilberg v Barbieri, 53 N.Y.2d 285, 292). Strong policy considerations militate against giving issues determined in prior litigation preclusive effect in a
criminal case, and indeed we have never done so (see, People v Plevy, 52 N.Y.2d 58, 65, n 4). The correct determination of guilt or innocence is paramount in criminal cases (People v Berkowitz, 50 N.Y.2d 333, 345), and the People's incentive to litigate in a felony prosecution would presumably be stronger than in a parole revocation
proceeding (cf. Gilberg v Barbieri, supra).
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