(Download) "People State New York v. Henry Jenner" by Court of Appeals of New York " Book PDF Kindle ePub Free

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]