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PEOPLE v. THOMAS

135 Misc.2d 434 (1987)

The People of the State of New York, Plaintiff, v. Euston Roy Thomas, Defendant.

Supreme Court, Extraordinary Special and Trial Term, Kings County.

May 7, 1987

Attorney(s) appearing for the Case

Charles J. Hynes, Special Prosecutor (Dennis R. Hawkins of counsel), for plaintiff. Benjamin Brafman, P. C., for defendant.

FELICE K. SHEA, J.

The issue presented on defendant's motion to dismiss the indictment against him is whether the testimony of an undercover police officer before the Grand Jury was accomplice testimony and thus legally insufficient to support the indictment in the absence of corroboration. The People contend that the police witness, because he acted without criminal intent, is not an accomplice whose testimony...

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