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PEOPLE v. CONA

49 N.Y.2d 26 (1979)

The People of the State of New York, Appellant-Respondent, v. William Cona et al., Respondents, and Raymond Melnick et al., Appellants.

Court of Appeals of the State of New York.

Decided December 13, 1979.

Attorney(s) appearing for the Case

Eugene Gold, District Attorney (Richard C. Laskey of counsel), for the People of the State of New York, appellant.

William Sonenshine and Joseph Fallek for Raymond Melnick and others, appellants.

William Sonenshine and Joseph Fallek for Richard White, appellant.

Stanley M. Meyer for William Cona and another, respondents.

William Sonenshine and Joseph Fallek for Melvin Brown and others, respondents.

Eugene Gold, District Attorney (Richard C. Laskey of counsel), for the People of the State of New York, respondent.

John F. Keenan, Deputy Attorney-General as Special State Prosecutor (Thomas A. Duffy, Jr., and Mark M. Baker of counsel), amicus curiae.

Judges JONES, FUCHSBERG and MEYER concur with Judge GABRIELLI; Judge JASEN dissents in part and votes to modify in a separate opinion; Judge WACHTLER dissents in part and votes to modify in a memorandum in which Chief Judge COOKE concurs.

GABRIELLI, J.

This case requires us to determine whether the testimony of an admitted accomplice may artificially be divided into testimony concerning events which occurred before the witness became an accomplice and testimony about incidents which took place after the witness became an accomplice, so that the prior testimony can serve as corroboration for the latter testimony. The accomplice corroboration rule...

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