People v. Luis Ortiz
AD1 order dated February 4, 2014, modifying judgment of conviction by remanding for resentencing but otherwise affirming the conviction. Decision below: 114 AD3d 430, 980 NYS2d 43. Smith, J., granted leave December 22, 2014. Argued November 18, 2015.
ISSUE PRESENTED: Whether the People should have been collaterally estopped from presenting at defendant’s retrial evidence that he held a razor to the victim’s neck: defendant was acquitted of first-degree burglary at the first trial but convicted of second-degree robbery, and the only difference between the two offenses was whether defendant used or threatened the use of a dangerous instrument. (Assigned counsel: Richard M. Greenberg, Office of the Appellate Defender, 11 Park Place, Suite 1601, NYC 10007.)