People v. Batista

*986OPINION OF THE COURT

Bernard J. Fried, J.

Defendants move, in their respective omnibus motions, inter alla, to dismiss the instant prosecution claiming it is barred by collateral estoppel.1 The issue presented is whether the People are barred from litigating the propriety of defendants’ search and seizure in this criminal action, by virtue of a Family Court suppression order, resolved in favor of a juvenile subjected to the identical search and seizure.

The relevant facts can be briefly summarized as follows: On July 24, 1992, defendants Batista, Mena, Nieves and a fourth individual were…