PEOPLE v. DAVILA


108 A.D.2d 108 (1985)

The People of the State of New York, Respondent, v. Rafael Davila, Appellant

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

April 29, 1985


Attorney(s) appearing for the Case

S. G. Farruggio for appellant.

Elizabeth Holtzman, District Attorney (Gerald Allen, Barbara D. Underwood, Michael Gore and Barri Bloom of counsel), for respondent.

TITONE, THOMPSON and WEINSTEIN, JJ., concur.


MOLLEN, P. J.

The primary question presented on this appeal is whether the People presented sufficient evidence to corroborate the accomplice's trial testimony, which inculpated the defendant in the death of Fred Aikins. We conclude that the evidence was sufficient and therefore affirm.

On March 16, 1979, at approximately 12:10 A.M., Richard Simmons, a New York City Transit Authority bus operator, who had just pulled out of a bus depot, spotted...

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