Home/New York Court of Appeals/People v. Minarich

People v. Minarich

389 N.E.2d 137, 46 N.Y.2d 970, 415 N.Y.S.2d 825, 1979 N.Y. LEXIS 1890
New York Court of Appeals·Decided March 22, 1979·Published·Cited by 33 cases

Opinion

OPINION OF THE COURT

Memorandum.

The orders of the Appellate Division should be reversed, and the cases remitted for a new trial.

The Appellate Division correctly held, and indeed the People concede, that James Longtin was an accomplice as a matter of law (CPL 60.22, subd 2; see People v Beaudet, 32 NY2d 371). The trial court was therefore required to instruct the jury that Longtin was an accomplice, and that defendants could not be convicted on Longtin’s testimony absent corroborative evidence (CPL 60.22, subd 1). "Failure to so charge the jury was necessarily harmful error” (People v Jenner, 29 NY2d 695, 696-697).

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Fuchsberg concur in memorandum.

Orders reversed, etc.

Free access — add to your briefcase to read the full text and ask questions with AI

People v. Minarich, 389 N.E.2d 137, 46 N.Y.2d 970, 415 N.Y.S.2d 825, 1979 N.Y. LEXIS 1890 (N.Y. 1979).

389 N.E.2d 137 (People v. Minarich) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

People v. Pettus
2018 NY Slip Op 2366 (Appellate Division of the Supreme Court of New York, 2018)
People v. Medeiros
116 A.D.3d 1096 (Appellate Division of the Supreme Court of New York, 2014)
People v. Sage
11 N.E.3d 177 (New York Court of Appeals, 2014)
People v. Hines
24 A.D.3d 964 (Appellate Division of the Supreme Court of New York, 2005)
People v. Adams
307 A.D.2d 475 (Appellate Division of the Supreme Court of New York, 2003)
People v. McGlotten
278 A.D.2d 936 (Appellate Division of the Supreme Court of New York, 2000)
People v. Martinez
628 N.E.2d 1320 (New York Court of Appeals, 1993)
People v. Mahan
195 A.D.2d 881 (Appellate Division of the Supreme Court of New York, 1993)
People v. Polhill
190 A.D.2d 692 (Appellate Division of the Supreme Court of New York, 1993)
People v. Artis
182 A.D.2d 1011 (Appellate Division of the Supreme Court of New York, 1992)
People v. Green
170 A.D.2d 1024 (Appellate Division of the Supreme Court of New York, 1991)
People v. Felton
160 A.D.2d 283 (Appellate Division of the Supreme Court of New York, 1990)
People v. Morillo
156 A.D.2d 479 (Appellate Division of the Supreme Court of New York, 1989)
People v. White
147 A.D.2d 967 (Appellate Division of the Supreme Court of New York, 1989)
People v. Chernauskas
137 A.D.2d 607 (Appellate Division of the Supreme Court of New York, 1988)
People v. Leon
121 A.D.2d 1 (Appellate Division of the Supreme Court of New York, 1986)
People v. Strawder
124 A.D.2d 758 (Appellate Division of the Supreme Court of New York, 1986)
People v. Vataj
121 A.D.2d 756 (Appellate Division of the Supreme Court of New York, 1986)
People v. Facey
115 A.D.2d 11 (Appellate Division of the Supreme Court of New York, 1986)
People v. Van Denburg
107 A.D.2d 891 (Appellate Division of the Supreme Court of New York, 1985)