PEOPLE v. WIMMER


29 A.D.2d 974 (1968)

The People of the State of New York, Respondent, v. Albert Harry Wimmer, Appellant

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

April 15, 1968


Findings of fact implicit in the virdict of the jury affirmed.

The trial court was in error in refusing counsel's request to submit to the jury as a question of fact whether the complainant was a victim or an accomplice of appellant. The trial court also erred in refusing to charge the jury that the testimony of an accomplice must be corroborated (People v. Knorr, 281 App. Div. 772; People v. Petrucci, 271 App Div. 936; Code Crim. Pro...

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