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People v. Gonzales

Appellate Division of the Supreme Court of New York, Second Department
Mar 26, 1990
159 A.D.2d 721 (N.Y. App. Div. 1990)

Opinion

March 26, 1990

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


Ordered that the judgment is reversed, on the law and as a matter of discretion in the interest of justice, and a new trial is ordered.

The trial court's failure to instruct the jury on the accomplice corroboration rule was error (CPL 60.22). The testimony of Elizabeth Guzman, an accomplice as a matter of law (see, CPL 60.22 [a]), who secured a reduced exposure to criminal liability for her cooperation, warrants reversal under the circumstances of this case. This witness's testimony substantially contributed to the defendant's conviction, and the proof of guilt against the defendant is less than overwhelming (see, People v Arnott, 143 A.D.2d 761; People v Saraireh, 134 A.D.2d 464; People v Strawder, 124 A.D.2d 758).

In view of our determination, we note that the defendant may, if he be so advised, seek a Wade hearing prior to the retrial, and we do not otherwise address the defendant's remaining contentions. Mangano, P.J., Bracken, Lawrence and Kooper, JJ., concur.


Summaries of

People v. Gonzales

Appellate Division of the Supreme Court of New York, Second Department
Mar 26, 1990
159 A.D.2d 721 (N.Y. App. Div. 1990)
Case details for

People v. Gonzales

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MANUEL GONZALES…

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

Date published: Mar 26, 1990

Citations

159 A.D.2d 721 (N.Y. App. Div. 1990)
553 N.Y.S.2d 204

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