Legal Opinion
People v. Scott
New York Supreme Court
Decided March 29, 1978PublishedCited by 17 opinions
1Opinion of the Court
*1076OPINION OF THE COURT
Fred W. Eggert, J.
BACKGROUND
This motion presents the issue of whether or not a defendant seeking to suppress two items of evidence obtained through the same search and seizure, but relating to two separate and unrelated prosecutions in two different counties, may have two separate identical evidentiary hearings with respect to the common issue of probable cause for the search and seizure. This court holds that the defendant may not do so because the doctrine of collateral estoppel is a bar to relitigation of the same issue of probable cause which was previously determined…
2Cases cited27 opinions
- Chimel v. CaliforniaSupreme Court of the United States · 1969
- Ashe v. SwensonSupreme Court of the United States · 1970
- Schwartz v. Public AdministratorNew York Court of Appeals · 1969
- People v. ReismanNew York Court of Appeals · 1971
- S. T. Grand, Inc. v. City of New YorkNew York Court of Appeals · 1973
22 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- State v. AillonSupreme Court of Connecticut · 1983
- People v. McGriffAppellate Division of the Supreme Court of the State of New York · 1987
- United States v. LevasseurDistrict Court, D. Massachusetts · 1988
- State v. HieSupreme Court of Rhode Island · 1996
- People v. PlevyAppellate Division of the Supreme Court of the State of New York · 1979
12 more not listed; retrieve them via the Exa API.