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People v. Peller

290 N.Y. 905 Court N.Y. Decision date 1943-06-18 English

Decision Majority · Concurring — Loughran, J., · Concurring — *907 Rippey, J.,

Contents
p. 905
The People of the State of New York, Respondent, v. Mike Peller and Abraham Podinker, Appellants.
Argued April 15, 1943;
decided June 18, 1943.
p. 906
Harry G. Anderson and Samuel Bader for Mike Peller, appellant.
James D. C. Murray and Daniel Kirchman for Abraham Podinker, appellant.
Frank S. Hogan, District Attorney (Stanley H. Fuld and Richard G. Denzer of counsel), for respondent.

Judgments of conviction affirmed; no opinion.

Concur: Lehman, Ch. J., Lewis, Conway and Desmond, JJ.

concurs in the following memorandum: An accomplice-witness can be sufficiently corroborated solely by a testimonial report of an extra-judicial oral admission of the accused, though such report is made only by a thoroughly discredited witness. (People v. Buchalter, 289 N. Y. 181 .)

concurs as to Podinker, but dissents and votes to reverse as to Peller on the ground that the evidence is insufficient as matter of law to sustain a finding of guilt beyond a reasonable doubt.

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