People v. Howard
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Harwood, J.
This appeal illustrates that the doctrine of collateral estoppel, in a criminal case, must be flexibly applied with due regard to constitutional and equitable considerations not ordinarily implicated in a civil case. We hold that, even though .neither the prosecution nor the defense could have sought appellate review of determinations in a prior criminal proceeding, only the prosecution in this case is collaterally es-topped from relitigating a factual issue determined in favor of the defendant in that prior proceeding.
On January 24, 1984, at approximately 7:50…
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