Can the Doctrine of Collateral Estoppel Be Applied to Issues of 'Evidentiary' Facts ?

In People v. Goodman (69 NY2d, supra, at 40) the Court of Appeals was faced with this expansion of the collateral estoppel rule but, after analysis of both Federal and State law, found "These concerns do not warrant adoption of the evidentiary fact rule in this case, however, for even if we were to do so, its application would not require reversal of defendant's conviction." So in the Goodman case (decided Dec. 18, 1986), the Court of Appeals noted that other jurisdictions had extended estoppel to evidentiary facts necessarily established in defendant's favor in a former trial but refused to apply it in New York under the facts of that case. This uncertainty was resolved in People v. Acevedo (69 NY2d, supra, at 480) when the Court of Appeals was faced with the question of whether the doctrine of collateral estoppel can be applied to issues of "evidentiary" facts, and, if so, what legal principles determined if such fact issues were necessarily established in defendant's favor at his first trial, so as to preclude their further litigation in defendant's second trial.