PEOPLE v. HARRELL


281 A.D. 690 (1952)

The People of the State of New York, Respondent, v. Clinton C. Harrell, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 8, 1952.


In our opinion, the proof was sufficient to meet the requirements of section 399 of the Code of Criminal Procedure. However, reversal is required by reason of the trial court's refusal to charge as requested by defendant's attorney that "the fact that the defendant was in the area with the accomplice at a time prior to the commission of the crime is not sufficient corroboration as required by the Statute", and that "evidence that the crime has been committed in the way outlined...

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