People v. Fagan

489 N.E.2d 222, 66 N.Y.2d 815, 498 N.Y.S.2d 335, 1985 N.Y. LEXIS 18286

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

The courts below properly found that the dismissal, at the conclusion of a final parole revocation hearing of charges lodged against the defendant, did not bar a later prosecution of criminal charges based on the same acts. Collateral estoppel is a flexible doctrine, not to be applied automatically just because its formal prerequisites are met (Gilberg v Barbieri, 53 NY2d 285, 292). Strong policy considerations militate against giving issues determined in prior litigation preclusive effect in a criminal case, and indeed we have never done so (see, People v Plevy, 52 NY2d 58, 65, n 4). The correct determination of guilt or innocence is paramount in criminal cases (People v Berkowitz, 50 NY2d 333, 345), and the People’s incentive to litigate in a felony prosecution would presumably be stronger than in a parole revocation proceeding (cf. Gilberg v Barbieri, supra).

We have examined defendant’s other contention and found it to be without merit.

Chief Judge Wachtler and Judges Jasen, Meyer, Simons, Kaye, Alexander and Titone concur.

Order affirmed in a memorandum.