People v. Jones

Callahan and Davis, JJ.

(dissenting). We respectfully dissent. In our view, there was insufficient independent evidence to corroborate the accomplice’s testimony.

CPL 60.22 (1) states that "[a] defendant may not be convicted of any offense upon the testimony of an accomplice unsupported by corroborative evidence tending to connect the defendant with the commission of such offense”. Although, the corroborative evidence need not establish all the elements of the offense (see, People v Hudson, 51 NY2d 233, 238), it "must be independent of, and may not draw its weight and probative value from, the…