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PEOPLE v. MOSES

91 A.D.2d 239 (1983)

The People of the State of New York, Appellant, v. Stephen Moses, Defendant-Respondent

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

January 20, 1983

Attorney(s) appearing for the Case

Amyjane Rettew of counsel (Mark Dwyer with her on the brief; Robert M. Morgenthau, District Attorney, attorney), for appellant.

Mark S. Adler of counsel (Adler & Stavros, attorneys), for defendant-respondent.

MURPHY, P. J. and ASCH, J., concur with SULLIVAN, J.; KUPFERMAN and ALEXANDER, JJ., concur in part and dissent in part in an opinion by KUPFERMAN, J.

SULLIVAN, J.

The People appeal from Trial Term's order setting aside a verdict of guilt and dismissing the indictment. The issue is whether sufficient independent evidence was presented to corroborate the accomplice testimony upon which the verdict was based. Although the issue is close we find that the consciousness of guilt evinced by defendant when he presented a false alibi, recorded on video tape by the police during the investigation of the homicide...

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