Opinion
May 3, 1971
Appeal from an order of the County Court, Nassau County, dated May 3, 1968, which, on defendant's motion for reargument, dismissed the indictment. Order reversed, on the law, motion denied and indictment reinstated. In our opinion, the proof before the Grand Jury contained adequate corroboration of the accomplice's testimony, within the guidelines of People v. Dixon ( 231 N.Y. 111, 116-117), People v. Reddy ( 261 N.Y. 479, 484), People v. Fiore ( 12 N.Y.2d 188, 201-202) and People v. Morhouse ( 21 N.Y.2d 66, 74-75); and we therefore find the proof sufficient to support the indictment. We further believe that sections 144-a and 327 of the Code of Criminal Procedure apply to this case; and, since this indictment, in Nassau County, was returned within 60 days after dismissal of the timely New York County indictment, it is not barred by the Statute of Limitations. Finally, we find the subject indictment sufficient on its face, even though it contains no allegations showing the tolling of the Statute of Limitations by reason of the compliance with section 144-a of the code ( People v. Brady, 257 App. Div. 1000; People v. Horton, 53 Misc.2d 277; People v. Kaplan, 143 Misc. 91; People v. Outlaw, 36 A.D.2d 581). Munder, Acting P.J., Martuscello, Latham and Benjamin, JJ., concur; Shapiro, J., not voting.