People v. O’Toole

Defendant was charged with first and second degree robbery and other crimes. The first degree robbery charge was based on the alleged display of a firearm. The jury at Defendant's first trial acquitted Defendant of first degree robbery and convicted him of second degree robbery. The Appellate Division reversed and ordered a new trial on the second degree robbery charge. At Defendant's second trial, Defendant filed a motion to preclude the People from introducing evidence that a gun was used in the robbery. The trial court denied the motion and Defendant was again convicted of second degree robbery. The Appellate Division again reversed, holding that the People were collaterally estopped by the earlier verdict from presenting evidence of the gun. The Court of Appeals affirmed, holding that, pursuant to People v. Acevedo, the issue of the display of the gun, which was an issue of evidentiary fact resolved in Defendant's favor by a jury, the People were barred at Defendant's second trial from presenting evidence that contradicted the first jury's finding. View "People v. O'Toole" on Justia Law