Legal Opinion · Dissent

People v. Cona

New York Court of Appeals

Decided December 13, 1979Published

1DissentJasen, J.

I simply cannot agree with the majority’s restrictive, if not oppressive, construction of the statutory corroboration rule. (CPL 60.22, subd 1.) In holding that once a police officer is implicated in some way in a criminal scheme his testimony forever thereafter must be corroborated, even though he becomes officially an undercover police agent against his former cohorts, the majority has effectively and permanently deprived law enforcement of a *38vital investigative technique — the use of the turncoat conspirator. The Legislature in enacting CPL 60.22 never could have intended to include…

2Cases cited13 opinions

  1. People v. BaschNew York Court of Appeals · 1975
  2. People v. ErmoNew York Court of Appeals · 1979
  3. People v. BeaudetNew York Court of Appeals · 1973
  4. People v. BrooksNew York Court of Appeals · 1974
  5. People v. FieldingNew York Court of Appeals · 1976

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