PEOPLE v. DI SESSA


42 A.D.2d 952 (1973)

The People of the State of New York, Respondent, v. B. Joseph Di Sessa, Appellant The People of the State of New York, Respondent, v. Eugenio Tutora, Appellant

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

October 23, 1973


The People's case was based primarily upon the testimony of the witnesses Crisafulli and Poulos. Upon this record it is quite evident that Crisafulli was an accomplice as a matter of law, and that Poulos, upon proper instructions, might be found by the jury to be an accomplice as a matter of fact. Accordingly, the court's refusal to charge, as requested by the defendants, and consented to by the District Attorney, that the accomplice testimony must be corroborated by evidence...

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