PEOPLE v. REOME

No. 112

15 N.Y.3d 188 (2010)

933 N.E.2d 186

906 N.Y.S.2d 788

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. NATHAN J. REOME, Appellant.

Court of Appeals of New York.

Decided June 17, 2010.


Attorney(s) appearing for the Case

Frank A. Hiscock Legal Aid Society, Syracuse ( Philip Rothschild of counsel), for appellant.

William J. Fitzpatrick , District Attorney, Syracuse ( James P. Maxwell of counsel), for respondent.

Chief Judge LIPPMAN and Judges CIPARICK, GRAFFEO, READ and PIGOTT concur with Judge SMITH; Judge JONES dissents and votes to reverse in a separate opinion.


OPINION OF THE COURT

SMITH, J.

Defendant was convicted of participating in a rape with three other men. One of his alleged accomplices, Andrew Hilborn, was the only witness to identify him. The issue is whether Hilborn's testimony was corroborated as CPL 60.22 (1) requires. We hold that it was.

I

The main witnesses at trial were Hilborn and the victim. Both described a rape by four men. The victim did not identify any of the four, but Hilborn...

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