PEOPLE v. DIAZ


26 A.D.2d 668 (1966)

The People of the State of New York, Respondent, v. Troadio Diaz, Appellant

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

July 5, 1966


Judgment affirmed.

Defendant was entitled to have the jury know that he could not be convicted on codefendant Green's testimony alone unless there was other evidence tending to connect him with the commission of the crime. The refusal to so charge was error. We hold this error to be harmless since the People's evidence in chief sufficiently tended to connect Diaz with the commission of the crime (Code Crim. Pro., § 542). That evidence independently could have...

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