PEOPLE v. JAMES


75 N.Y.2d 874 (1990)

The People of the State of New York, Respondent, v. Dwight James, Appellant.

Court of Appeals of the State of New York.

Decided March 22, 1990.


Attorney(s) appearing for the Case

Jeffrey Dellheim and Philip L. Weinstein for appellant.

Robert M. Morgenthau, District Attorney (Sylvia Wertheimer and Mark Dwyer of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed.

At trial the defendant moved to dismiss the indictment on the ground that the prosecution had failed to corroborate accomplice testimony. This argument was based on the contention that a prosecution witness, Melvin Rogers, was an accomplice as a matter of law. This contention was rejected by the trial court and has been abandoned by the defendant...

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