PEOPLE v. LYNCH


162 A.D.2d 134 (1990)

The People of the State of New York, Respondent, v. Kenneth Lynch, Appellant

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

June 5, 1990


The Supreme Court granted defendant's motion to dismiss the indictment and dismissed the second degree murder charge on the ground of lack of corroboration of the testimony of an unindicted accomplice. Thereafter, the People sought reargument at which time the court was advised of the existence of the testimony by a nonaccomplice witness which the Grand Jury had heard. The court, thus, concluded that the testimony "fairly and reasonably tend[ed] to connect the defendant with...

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