People v. Gioia

Defendant has been convicted of robbery in the first degree for participation in the holdup of Mr. and Mrs. Arthur Murray at their apartment at 820 Park Avenue on December 8, 1953, in which jewels, cash and other personalty were seized by four armed and masked men. Except for the testimony of accomplices in the commission of the crime, no *529direct proof was offered of defendant’s participation in it. The victims did not identify him; he was not otherwise placed as a participant in it by any other independent proof.

Since conviction could not be had on the testimony of the other participants in…