Legal Opinion

People v. Klein

New York Supreme Court

Decided October 18, 1978PublishedCited by 2 opinions

1Opinion of the Court

OPINION OF THE COURT

Joseph Jaspan, J.

The defendants, in a pretrial motion, seek to add a new dimension to the doctrine of collateral estoppel as applied to criminal cases.

The defendants assert that a prior determination in an arbitration proceeding is determinative of a critical factual *694issue in this case, thereby precluding a successful prosecution. They move for a dismissal of the indictments against them for reasons associated with the Grand Jury proceedings (CPL 190.30, subds 5 and 6) and in the interests of justice (CPL 210.40).

FACTS

William Overton and Laura Klein are each charged with…

2Cases cited13 opinions

  1. Ashe v. SwensonSupreme Court of the United States · 1970
  2. Alexander v. Gardner-Denver Co.Supreme Court of the United States · 1974
  3. Blonder-Tongue Laboratories, Inc. v. University of Illinois FoundationSupreme Court of the United States · 1971
  4. United States v. WheelerSupreme Court of the United States · 1978
  5. Nolde Bros., Inc. v. Local No. 358, Bakery & Confectionery Workers UnionSupreme Court of the United States · 1977

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3Cited by2 opinions

  1. People v. WattMichigan Court of Appeals · 1982
  2. Lombardo v. WalshNew York Supreme Court · 1989

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