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PEOPLE v. CERVENY

7 A.D.2d 759 (1958)

The People of the State of New York, Respondent, v. William F. Cerveny, Appellant

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

December 30, 1958

Judgment reversed on the law and the facts, fine remitted, and new trial ordered.

The incriminating evidence was the testimony of the person who had paid the fees to appellant. That witness was an accomplice as a matter of law (People v. Clougher, 246 N.Y. 106; People v. Mullens, 292 N.Y. 408; People v. Remer, 243 App. Div. 566). The conviction was improper, since there was no evidence corroborating his testimony (Code Crim. Pro., § 399)...

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