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People v. Polk

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 13, 1981
84 A.D.2d 945 (N.Y. App. Div. 1981)

Opinion

November 13, 1981

Appeal from the Onondaga County Court, Cunningham, J.

Present — Dillon, P.J., Hancock, Jr., Doerr, Denman and Moule, JJ.


Judgment unanimously modified, on the law and facts, and, as modified, affirmed, in accordance with the following memorandum: Defendants' conviction of criminal possession of stolen property in the first degree must be reversed. The only evidence connecting defendants with criminal possession of stolen property came from the testimony of an accomplice who participated in the robbery (and the other crimes charged). The People concede there was no corroboration of this testimony. Subdivision 1 of section 165.65 Penal of the Penal Law provides that one who participated in the larceny may not be convicted of criminal possession of the property taken in the larceny solely upon the testimony of an accomplice in the larceny unsupported by corroborative evidence tending to connect defendant with such criminal possession. We have examined the remaining issues raised by defendants on appeal and find them to be without merit.


Summaries of

People v. Polk

Appellate Division of the Supreme Court of New York, Fourth Department
Nov 13, 1981
84 A.D.2d 945 (N.Y. App. Div. 1981)
Case details for

People v. Polk

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LEON POLK, Appellant

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Nov 13, 1981

Citations

84 A.D.2d 945 (N.Y. App. Div. 1981)

Citing Cases

People v. Gugino

(Penal Law § 165.65; People v. Polk, 84 A.D.2d 945.) The issue was critical on counts I through IV because…