People v. Fagan

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

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 NY2d 285, 292). Strong policy considerations militate against giving issues determined in prior litigation preclusive effect in a criminal…