People v. Roselle
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Ritter, J.
The issue on appeal is whether the doctrine of issue preclusion bars the People from prosecuting the defendant for the alleged assault of his three-year-old daughter because the Family Court, in an earlier child protective proceeding, found child neglect but not child abuse. We conclude that the prosecution should not be precluded by reason of the Family Court’s finding. Accordingly, we reverse the order of the County Court dismissing the first three counts of the indictment.
I
The facts pertinent to both the instant criminal action, and the related Family Court…
2Cases cited12 opinions
- Schwartz v. Public AdministratorNew York Court of Appeals · 1969
- People v. BerkowitzNew York Court of Appeals · 1980
- Gilberg v. BarbieriNew York Court of Appeals · 1981
- Staatsburg Water Co. v. Staatsburg Fire DistrictNew York Court of Appeals · 1988
- People v. PlevyNew York Court of Appeals · 1980
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3Cited by6 opinions
- People v. RoselleNew York Court of Appeals · 1994
- Siegel v. Time Warner Inc.District Court, C.D. California · 2007
- People v. HiltonNew York Supreme Court · 1999
- People v. SansonCriminal Court of the City of New York · 2016
- People v. BatistaNew York Supreme Court · 1993
1 more not listed; retrieve them via the Exa API.