Opinion
Argued April 15, 1943
Decided June 18, 1943
Appeal from the Court of General Sessions, New York County, WALLACE, J.
Harry G. Anderson and Samuel Bader for Mike Peller, appellant.
James D.C. Murray and Daniel Kirchman for Abraham Podinker, appellant.
Frank S. Hogan, District Attorney ( Stanley H. Fuld and Richard G. Denzer of counsel), for respondent.
Judgments of conviction affirmed; no opinion.
Concur: LEHMAN, Ch. J., LEWIS, CONWAY and DESMOND, JJ.
LOUGHRAN, J., concurs in the following memorandum: An accomplice-witness can be sufficiently corroborated solely by a testimonial report of an extra-judicial oral admission of the accused, though such report is made only by a thoroughly discredited witness. ( People v. Buchalter, 289 N.Y. 181.)
RIPPEY, J., concurs as to Podinker, but dissents and votes to reverse as to Peller on the ground that the evidence is insufficient as matter of law to sustain a finding of guilt beyond a reasonable doubt.