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PEOPLE v. BESSER

96 N.Y.2d 136 (2001)

749 N.E.2d 727

726 N.Y.S.2d 48

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES BESSER, Also Known as JAMES ZERILLI, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JERRY CIAURI, Appellant.

Court of Appeals of the State of New York.

Decided May 1, 2001.

Attorney(s) appearing for the Case

Office of the Appellate Defender, New York City (Richard M. Greenberg of counsel), for appellant in the first above-entitled action.

Michael J. Hutter, Albany, for appellant in the second above-entitled action.

Robert M. Morgenthau, District Attorney of New York County, New York City (Gina Mignola and Mark Dwyer of counsel), for respondent in the first and second above-entitled actions.

Eliot Spitzer, Attorney General, Albany (Edward Lindner, Preeta D. Bansal, Daniel Smirlock, Peter H. Schiff and Robin A. Forshaw of counsel), in his statutory capacity under Executive Law § 71 in the first above-entitled action.

Chief Judge KAYE and Judges SMITH, LEVINE, CIPARICK, WESLEY and ROSENBLATT concur.

OPINION OF THE COURT

GRAFFEO, J.

Defendants were convicted after a jury trial of enterprise corruption (see, Penal Law § 460.20). The primary contention asserted by each defendant on appeal concerns application of the CPL 60.22 (1) accomplice corroboration rule to an enterprise corruption prosecution. Defendants contend that accomplice corroboration was required for each pattern criminal act that supported a finding of guilt under the enterprise...

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