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PEOPLE v. COURT

43 N.Y.2d 817 (1977)

The People of the State of New York, Respondent-Appellant, v. William Court, Appellant, and Fred Weber, Frank Panza and Richard Burke, Respondents.

Court of Appeals of the State of New York.

Decided December 19, 1977.

Attorney(s) appearing for the Case

Arthur J. Spring and Thomas P. Curtin for appellant.

Carl A. Vergari, District Attorney (B. Anthony Morosco and Janet Cunard of counsel), for respondent-appellant.

Andrew W. Tully, Jr., for Fred Weber, respondent.

Dante S. Alberi and Dante J. Alberi for Frank Panza and Richard Burke, respondents.

Concur: Judges JASEN, GABRIELLI, WACHTLER and COOKE. Chief Judge BREITEL dissents in part and votes to modify by dismissing the indictment as to defendant Court in the following opinion in which Judges JONES and FUCHSBERG concur.

Order affirmed on the memorandum at the Appellate Division (52 A.D.2d 891).

Chief Judge BREITEL (dissenting).

I dissent and vote to modify the order of the Appellate Division to dismiss the indictment against defendant Court. On his own testimony, the Grand Jury witness Tripodi, the only witness to testify against Court, was guilty of bribery, and therefore an accomplice. Since there was no corroboration of...

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