People v. Nezaj

Judgment of the Supreme Court, Bronx County (Edward M. Davidowitz, J.), rendered on or about August 31, 1988, convicting defendant, upon his plea of guilty, of assault in the first degree, and imposing an indeterminate sentence of 3 to 9 years, unanimously affirmed.

Contrary to defendant’s assertions, the doctrine of collateral estoppel does not preclude the People from relitigating suppression issues previously resolved in Federal court since at least two of the legal criteria for application of the doctrine, identity of the parties and identity of the issues, are not satisfied (see, People v…