People v. Moses
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Sullivan, J.
The People appeal from Trial Term’s order setting aside a verdict of guilt and dismissing the indictment. The issue is whether sufficient independent evidence was presented to corroborate the accomplice testimony upon which the verdict was based. Although the issue is close we find that the consciousness of guilt evinced by defendant when he presented a false alibi, recorded on video tape by the police during the investigation of the homicide, constitutes evidence “tending to connect the defendant with the commission of [the] offense” (CPL 60.22, subd 1), so as…
2Cases cited10 opinions
- People v. DanielsNew York Court of Appeals · 1975
- People v. HudsonNew York Court of Appeals · 1980
- People v. . DixonNew York Court of Appeals · 1921
- People v. KohutNew York Court of Appeals · 1972
- Matter of Roge v. ValentineNew York Court of Appeals · 1939
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3Cited by4 opinions
- Moses v. StateNew York Court of Claims · 1987
- People v. BarberAppellate Division of the Supreme Court of the State of New York · 1983
- People v. PotenzaAppellate Division of the Supreme Court of the State of New York · 1983
- In re Steven B.New York City Family Court · 1985