People v. Taormina

Appellate Division of the Supreme Court of New York

People v. Taormina

238 A.D. 852

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMarch 15, 1933

StatusPublished

This text of 238 A.D. 852 (People v. Taormina) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Taormina, 238 A.D. 852 (N.Y. Ct. App. 1933).

Pincite

Opinion

Judgment of conviction of the County Court of Nassau county reversed on the law and the facts and a new trial ordered. The evidence establishes that the witness Hernley was an accomplice. His testimony was not corroborated as provided by section 399 of the Code of Criminal Procedure. The identity of the defendant as a participant in the crime was not proved beyond a reasonable doubt. Lazansky, P. J., Scudder and Tompkins, JJ., concur; Kapper and Cars-well, JJ., dissent and vote to affirm.

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Judgment of conviction of the County Court of Nassau county reversed on the law and the facts and a new trial ordered. The evidence establishes that the witness Hernley was an accomplice. His testimony was not corroborated as provided by section 399 of the Code of Criminal Procedure. The identity of the defendant as a participant in the crime was not proved beyond a reasonable doubt. Lazansky, P. J., Scudder and Tompkins, JJ., concur; Kapper and Cars-well, JJ., dissent and vote to affirm.

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Bluebook (online)

238 A.D. 852, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-taormina-nyappdiv-1933.