People v. Plevy

The real issue on this appeal is whether collateral estoppel, sometimes referred to as “issue preclusion” (Matter of American Ins. Co. [Messinger — Aetna Cas. & Sur. Co.], 43 NY2d 184,189, n 2), was properly applied against the defendant when the trial court prevented him from contesting the legality of a police officer’s entry onto his premises upon the ground that the question had previously been determined adversely to this defendant in another prosecution. Because I believe that the trial court’s ruling was correct, I would affirm on that ground.

Although collateral estoppel has its…