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People v. Gondelman

Appellate Division of the Supreme Court of New York, Second Department
Feb 28, 1938
253 App. Div. 924 (N.Y. App. Div. 1938)

Summary

In People v. Gondelman (253 A.D. 924) it is definitely settled that the suborned witness is an accomplice, whose testimony is insufficient unless corroborated.

Summary of this case from People v. Nicosia

Opinion

February 28, 1938.


The defendants were charged by an indictment found by the grand jury of Kings county with the crime of subornation of perjury. After a motion for inspection of the minutes of the grand jury, which was granted, the defendants moved separately for a dismissal of the indictment on the ground that the indictment was found on the uncorroborated testimony of the person suborned. This fact was frankly conceded by the district attorney. The indictment was dismissed. Orders of the County Court of Kings county, dismissing the indictment on reargument, affirmed. The suborned witness was a principal in that he participated in and was concerned in the commission of the crime (Penal Law, § 2), and, therefore, an accomplice (Code Crim Proc. § 399). Whatever the rule may be in other jurisdictions, the established doctrine in this State is that a person may not be convicted of a crime on the uncorroborated evidence of an accomplice. ( People v. Batt, 165 Misc. 540; affd., without opinion, 253 App. Div. 718 [1st Dept.]; People v. Gilhooley, 108 id. 234; affd., 187 N.Y. 551; People v. Leibowitz (Indictments Nos. 5375-A, 5375-B), 236 App. Div. 736; People v. Hyde, 156 id. 618; People v. Kupperschmidt, 237 N.Y. 463.) Lazansky, P.J., Hagarty, Davis, Johnston and Close, JJ., concur.


Summaries of

People v. Gondelman

Appellate Division of the Supreme Court of New York, Second Department
Feb 28, 1938
253 App. Div. 924 (N.Y. App. Div. 1938)

In People v. Gondelman (253 A.D. 924) it is definitely settled that the suborned witness is an accomplice, whose testimony is insufficient unless corroborated.

Summary of this case from People v. Nicosia
Case details for

People v. Gondelman

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. SIDNEY GONDELMAN…

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

Date published: Feb 28, 1938

Citations

253 App. Div. 924 (N.Y. App. Div. 1938)

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