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People v. Byrd

Appellate Division of the Supreme Court of New York, Second Department
Dec 17, 1984
106 A.D.2d 511 (N.Y. App. Div. 1984)

Opinion

December 17, 1984

Appeal from the County Court, Suffolk County (Vaughn, J.).


Judgment affirmed.

We have examined the record and conclude that there was ample evidence corroborating the testimony of the accomplice, Sean Baptist, to "`connect the defendant with the crime in such a way that the jury may be reasonably satisfied that the accomplice is telling the truth'" ( People v. Moses, 63 N.Y.2d 299, 306, quoting People v. Daniels, 37 N.Y.2d 624, 630; CPL 60.22). We find no merit to defendant's argument that the jury could have reasonably drawn the inference that another of the People's witnesses was an accomplice, and that the court should have therefore submitted the question of his status to the jury. There was no evidentiary showing from which the inference of his participation could reasonably have been drawn ( People v. Santana, 82 A.D.2d 784, 785, affd 55 N.Y.2d 673; see People v. Basch, 36 N.Y.2d 154).

We have examined defendant's remaining contentions and find them to be without merit. Mollen, P, J., Gibbons, Thompson and Bracken, JJ., concur.


Summaries of

People v. Byrd

Appellate Division of the Supreme Court of New York, Second Department
Dec 17, 1984
106 A.D.2d 511 (N.Y. App. Div. 1984)
Case details for

People v. Byrd

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSEPH BYRD, Appellant

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

Date published: Dec 17, 1984

Citations

106 A.D.2d 511 (N.Y. App. Div. 1984)

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