Legal Opinion
People ex rel. Dowdy v. Smith
Appellate Division of the Supreme Court of the State of New York
Decided December 15, 1978PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
Hancock, Jr., J.
In February, 1978 relator was acquitted of several counts of unlawfully and knowingly selling and possessing heroin, after a jury trial in which he had asserted entrapment as an affirmative defense. Following a parole revocation hearing on March 28, 1978 the Parole Board found relator guilty of parole violations and revoked his parole for the conduct underlying the criminal charges. Special Term has held that the Parole Board was precluded by the doctrine of collateral estoppel from revoking relator’s parole because of the acquittals. From a judgment…
2Cases cited16 opinions
- Morrissey v. BrewerSupreme Court of the United States · 1972
- Ashe v. SwensonSupreme Court of the United States · 1970
- Commissioner v. SunnenSupreme Court of the United States · 1948
- Schwartz v. Public AdministratorNew York Court of Appeals · 1969
- S. T. Grand, Inc. v. City of New YorkNew York Court of Appeals · 1973
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3Cited by5 opinions
- People ex rel. Dowdy v. SmithNew York Court of Appeals · 1979
- People v. GibsonAppellate Division of the Supreme Court of the State of New York · 1978
- People ex rel. Wallace v. StateAppellate Division of the Supreme Court of the State of New York · 1979
- In re RobinsonAppellate Division of the Supreme Court of the State of New York · 1979
- People ex rel. Spinks v. DillonAppellate Division of the Supreme Court of the State of New York · 1979