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PEOPLE v. WASHINGTON

18 N.Y.2d 366 (1966)

The People of the State of New York, Respondent, v. Clarence Washington, Appellant.

Court of Appeals of the State of New York.

Decided November 22, 1966.

Attorney(s) appearing for the Case

Malvine Nathanson and Anthony F. Marra for appellant.

Frank S. Hogan, District Attorney (Alan F. Scribner and H. Richard Uviller of counsel), for respondent.

Opinion by Chief Judge DESMOND. All concur, Judges SCILEPPI and KEATING in the following memorandum: We concur for reversal solely upon the ground that the proof clearly shows Cannon alone caused the damage to the property in question. There is insufficient evidence to prove that defendant was Cannon's accomplice. If such proof had been present, we would vote for affirmance notwithstanding the holding in People v. Hackley () of which we disapprove (see Anderson v. How, 116 N.Y. 336, 341).

Chief Judge DESMOND.

Defendant, after a trial in the Criminal Court of the City of New York, was adjudged a youthful offender (followed by a 2-to-1 affirmance by the Appellate Term) on a complaint charging that he and one William Cannon were guilty of "Malicious Mischief in that they did unlawfully, wilfully and intentionally while together throw iron pipe and rocks at the deponent's parked vehicle; causing iron...

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