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People State New York v. Henry Jenner

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eBook details

  • Title: People State New York v. Henry Jenner
  • Author : Court of Appeals of New York
  • Release Date : January 14, 1971
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 56 KB

Description

[29 N.Y.2d 695 Page 696] Order reversed and a new trial ordered in the following memorandum: Defendant's conviction for conspiracy to sell dangerous
drugs to a minor was based in part on testimony of co-defendants named in the conspiracy indictment. Given the naming of the
witnesses as coconspirators and defendants in the indictment, and emphasized by the evidence in the record connecting the
co-defendants with the conspiracy, the Trial Judge should have instructed the jury that the co-defendants were accomplices
as a matter of law and that, therefore, the defendant could not be convicted on their testimony without corroborating evidence
(Code Crim. Pro., § 399; e.g., People v. Diaz, 19 N.Y.2d 547, 549; People v. Kupperschmidt, 237 N. Y. 463, 465). Failure
[29 N.Y.2d 695 Page 697]


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