People v. Acevedo

*480OPINION OF THE COURT

Kaye, J.

This appeal presents two questions: first, whether the doctrine of collateral estoppel can be applied to issues of "evidentiary” fact,1 and second, if so, whether on the present record such fact issues were necessarily established in defendant’s favor at his first trial, so as to preclude their further litigation in defendant’s second trial. We answer both questions in the affirmative.

The nature of the questions before us requires a full account of both trials.

Defendant was charged in two indictments with robbery and criminal possession of a weapon for two separate…