PEOPLE v. MOSES


63 N.Y.2d 299 (1984)

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

Court of Appeals of the State of New York.

Decided October 16, 1984.


Attorney(s) appearing for the Case

Stuart M. Cohen for appellant.

Robert M. Morgenthau, District Attorney (Debora K. Grobman and Amyjane Rettew of counsel), for respondent.

Chief Judge COOKE and Judges JONES, MEYER and SIMONS concur with Judge KAYE; Judge JASEN dissents and votes to affirm in a separate opinion; Judge WACHTLER taking no part.


KAYE, J.

Defendant's false alibi, standing alone, is in the circumstances presented insufficient to corroborate the testimony of an accomplice, the only direct evidence on which defendant was convicted of felony murder and robbery. The order of the Appellate Division should therefore be reversed, and the order of the trial court dismissing the indictment as to defendant reinstated.

On December 20, 1978...

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