People ex rel. Edwards v. Martin

Defendant-appellant was convicted in Erie County Court of selling narcotics in violation of subdivision 1 of section 1751 of the Penal Law. The record elearly indicates that the principal proof consisted of the defendant’s confession and we are presented here with the specific question of whether there was sufficient additional proof to satisfy the requirements of section 395 of the Code of Criminal Procedure. We believe that such additional proof is not present and that the conviction therefore must fall.

*964The gravamen of the charge was the sale of narcotics, viz. heroin. In our view, the…