Legal Opinion
People v. Hilton
New York Supreme Court
Decided January 5, 1999PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
Seymour Rotker, J.
Issue Presented
The case presents a question of apparent first impression in this State:1 Does the doctrine of collateral estoppel prevent the People from continued criminal prosecution of a defendant who has been the subject of a full hearing regarding his violation of probation for the very same acts underlying one count of a new indictment against him and where the court presiding over such revocation hearing finds that the People have failed to prove those acts by a preponderance of the evidence?
For the reasons indicated below, the court finds that the…
2Cases cited25 opinions
- Ashe v. SwensonSupreme Court of the United States · 1970
- Lucido v. Superior CourtCalifornia Supreme Court · 1990
- People v. BerkowitzNew York Court of Appeals · 1980
- Ex Parte TarverCourt of Criminal Appeals of Texas · 1986
- McGrath v. GoldNew York Court of Appeals · 1975
20 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- People v. ConwayAppellate Division of the Supreme Court of the State of New York · 1999
- Banks v. PersonDistrict Court, E.D. New York · 1999
- People v. HiltonAppellate Division of the Supreme Court of the State of New York · 1999