People v. Thomas

OPINION OF THE COURT

Felice K. Shea, J.

The issue presented on defendant’s motion to dismiss the indictment against him is whether the testimony of an under*435cover police officer before the Grand. Jury was accomplice testimony and thus legally insufficient to support the indictment in the absence of corroboration. The People contend that the police witness, because he acted without criminal intent, is not an accomplice whose testimony requires corroboration, and that in any event corroborative evidence was offered. Defendant argues that he and the police witness participated in an ongoing…