Does a party who is a defendant in a criminal case have the ability to raise issues in a declaratory judgment action that cannot be resolved in the criminal case?
"New York", United States of America
The following excerpt is from Cayuga Indian Nation of N.Y. v. Gould, 14 N.Y.3d 614, 904 N.Y.S.2d 312, 930 N.E.2d 233 (N.Y. 2010):
8 This rule does not foreclose a party, based solely on their status as a criminal defendant, from raising issues in a declaratory judgment action that cannot be resolved in the criminal action and that, even if sustained, will not supply a basis to prevent the prosecution or collaterally attack the conviction ( cf. Hurrell-Harring v. State of New York, 15 N.Y.3d 8, 904 N.Y.S.2d 296, 930 N.E.2d 217 [2010] ).
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