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People v. Gondelman

The People of the State of New York v. Sidney Gondelman, Respondent The People of the State of New York v. David Leber

People v. Gondelman, 253 A.D. 924 (1938)
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Court
Appellate Division of the Supreme Court of the State of New York · State Appellate Courts
Decided
February 28, 1938
Citations
253 A.D. 9242 N.Y.S.2d 4051938 N.Y. App. Div. LEXIS 9283

Opinion of the Court

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The defendants were charged by an indictment found by the grand jury of Bungs county with the crime of subornation of perjury. After a motion for inspection of the minutes of the grand jury, which was granted, the defendants moved separately for a dismissal of the indictment- on the ground that the indictment was found on the uncorroborated testimony of the person suborned. This fact was frankly conceded by the district attorney. The indictment was dismissed. Orders of the County Court of Kings county, dismissing the indictment on reargument, affirmed. The suborned witness was a principal in that he participated in and was concerned in the commission of the crime (Penal Law, § 2), and, therefore, an accomplice (Code Crim Proc. § 399). Whatever the rule may be in other jurisdictions, the established doctrine in this State is that a person may not be convicted of a crime on the uncorroborated evidence of an accomplice. (People v. Batt, 165 Misc. 540 ; affd., without opinion, 253 App. Div. 718 [1st Dept.]; People v. Gilhooley, 108 id. 234; affd., 187 N. Y. 551 ; People v. Leibowitz (Indictments Nos. 5375-A, 5375-B), 236 App. Div. 736 ; People v. Hyde, 156 id. 618; People v. Kupperschmidt, 237 N. Y. 463 .) Lazansky, P. J., Hagarty, Davis, Johnston and Close, JJ., concur.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1938: 11957: 11961: 11979: 119382026peak 1938 · 1

Relies on it most ⓘ

  1. People v. Rissman316 P.2d 60 (Cal. Ct. App. 1957)
  2. People v. Nicosia166 Misc. 597 (1938)
  3. People v. Randall174 N.E.2d 507 (N.Y. 1961)
  4. People v. Berger70 A.D.2d 622 (1979)

Most recent

  1. People v. Berger70 A.D.2d 622 (1979)
  2. People v. Randall174 N.E.2d 507 (N.Y. 1961)
  3. People v. Rissman316 P.2d 60 (Cal. Ct. App. 1957)
  4. People v. Nicosia166 Misc. 597 (1938)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 5

DepthCaseCited by
People v. Kupperschmidt, 143 N.E. 258 (N.Y. 1924) 26
People v. Gilhooley, 80 N.E. 1116 (N.Y. 1907) 7
People v. Leibowitz, 236 A.D. 736 (1932) 2
People v. Decker, 253 A.D. 718 (1937) 2
People v. Batt, 165 Misc. 540 (1937) 2

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