Legal Opinion
Matter of Clark v. Newbauer
Appellate Division of the Supreme Court of the State of New York
Decided February 21, 2017No. 1245/15 2965PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Gische, J.
The People seek a writ of prohibition enjoining enforcement of the trial court’s December 12, 2016 ruling * in the case People v Ronnell Joseph, precluding them from introducing at trial any evidence about a firearm. The court ruled that the grand jury’s vote to dismiss certain charges against the defendant was entitled to collateral estoppel effect, resulting in the preclusion. In accordance with the multilevel analysis required in evaluating the People’s challenge to the trial court’s ruling, we hold that the issue raised is reviewable by this Court as an…
2Cases cited23 opinions
- Holtzman v. GoldmanNew York Court of Appeals · 1988
- People v. BerkowitzNew York Court of Appeals · 1980
- MATTER OF STATE OF NY v. KingNew York Court of Appeals · 1975
- People v. PlevyNew York Court of Appeals · 1980
- McGrath v. GoldNew York Court of Appeals · 1975
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3Cited by5 opinions
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- Advanced Alternative Media, Inc. v. HindlinAppellate Division of the Supreme Court of the State of New York · 2023
- Matter of Figueroa v. FabrizioAppellate Division of the Supreme Court of the State of New York · 2019
- Matter of Rocah v. McCarthyAppellate Division of the Supreme Court of the State of New York · 2026
- Matter of Samy F. v. FabrizioAppellate Division of the Supreme Court of the State of New York · 2019