People v. Frey

Appellate Division of the Supreme Court of New York

People v. Frey

162 A.D.2d 1038, 559 N.Y.S.2d 194, 1990 N.Y. App. Div. LEXIS 9822

Appellate Division of the Supreme Court of the State of New York·Decided June 22, 1990·Published

Opinion

Order unanimously affirmed. Memorandum: Because there was insufficient corroboration of the accomplice’s testimony, the trial court properly dismissed the third count of the indictment charging defendant with criminal possession of stolen property in the second degree (see, People v Moses, 63 NY2d 299, 305-306; People v Marmulstein, 109 AD2d 948, 949; People v Nieto, 97 AD2d 774, 775). The People’s remaining contentions do not require reversal. (Appeal from order of Monroe County Court, Celli, J.—vacate conviction.) Present—Dillon, P. J., Doerr, Green, Lawton and Lowery, JJ.

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Order unanimously affirmed. Memorandum: Because there was insufficient corroboration of the accomplice’s testimony, the trial court properly dismissed the third count of the indictment charging defendant with criminal possession of stolen property in the second degree (see, People v Moses, 63 NY2d 299, 305-306; People v Marmulstein, 109 AD2d 948, 949; People v Nieto, 97 AD2d 774, 775). The People’s remaining contentions do not require reversal. (Appeal from order of Monroe County Court, Celli, J.—vacate conviction.) Present—Dillon, P. J., Doerr, Green, Lawton and Lowery, JJ.

People v. Frey, 162 A.D.2d 1038, 559 N.Y.S.2d 194, 1990 N.Y. App. Div. LEXIS 9822 (N.Y. Ct. App. 1990).

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Opinion

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