PEOPLE v. CRUZ


291 A.D.2d 1 (2002)

737 N.Y.S.2d 16

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. FRANCISCO CRUZ, Respondent.

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

January 22, 2002.


Attorney(s) appearing for the Case

Eleanor J. Ostrow of counsel (Mark Dwyer on the brief; Robert M. Morgenthau, District Attorney of New York County, attorney), for appellant.

Susanna De La Pava for respondent.

ANDRIAS, J. P., SAXE, WALLACH and MARLOW, JJ., concur.


OPINION OF THE COURT

SULLIVAN, J.

The People appeal from the dismissal of the indictment on the ground that the only grand jury evidence linking defendant to the charged crimes was the uncorroborated testimony of accomplices. The specific issue presented is whether one of those witnesses, a participant with defendant and others in an earlier unsuccessful robbery at a drug dealer's apartment and part of a larger conspiracy to commit such crimes, but who was...

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