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People v. White

Appellate Division of the Supreme Court of New York, Second Department
Jan 22, 1991
169 A.D.2d 798 (N.Y. App. Div. 1991)

Opinion

January 22, 1991

Appeal from the County Court, Westchester County (Carey, J.).


Ordered that the judgment is affirmed.

The defendant's contention that the evidence adduced at trial was legally insufficient to establish his guilt of burglary in the second degree and petit larceny because it consisted of uncorroborated accomplice testimony (see, CPL 60.22) is without merit. Although the People's case was based largely upon accomplice testimony, that testimony was sufficiently corroborated by independent evidence tending to connect the defendant to the commission of the offense of which he was convicted (see, CPL 60.22; People v Glasper, 52 N.Y.2d 970). That evidence established that the defendant was seen with the accomplice, who was carrying a television that was identified as having been taken from the burgled premises, on the day of the burglary and several blocks from the crime scene. The defendant was carrying a white pillowcase containing same unidentified articles, and the complainant testified that her white pillowcase was missing after the burglary. When a police officer stopped the defendant and his accomplice, the defendant gave the officer a false name and left the officer's presence without returning as promised. This independent evidence sufficiently "tends to connect the defendant to the crime so as to reasonably satisfy the [trier of fact] that the accomplice is telling the truth (e.g., People v Cunningham, 48 N.Y.2d 938, 940)" (People v Glasper, supra, at 971), and therefore provides sufficient corroboration to meet the dictates of CPL 60.22 (1) (see, People v Lewis, 105 A.D.2d 758; People v Pasciuta, 104 A.D.2d 1010; People v Nieto, 97 A.D.2d 774).

The defendant's remaining contention has not been preserved for appellate review (see, People v McNair, 147 A.D.2d 593), and we decline to review it in the exercise of our interest of justice jurisdiction. Brown, J.P., Rosenblatt, Miller and Ritter, JJ., concur.


Summaries of

People v. White

Appellate Division of the Supreme Court of New York, Second Department
Jan 22, 1991
169 A.D.2d 798 (N.Y. App. Div. 1991)
Case details for

People v. White

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DENNIS WHITE, Appellant

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

Date published: Jan 22, 1991

Citations

169 A.D.2d 798 (N.Y. App. Div. 1991)
565 N.Y.S.2d 165

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