People v. Taormina

Judgment of conviction of the County Court of Nassau county reversed on the law and the facts and a new trial ordered. The evidence establishes that the witness Hernley was an accomplice. His testimony was not corroborated as provided by section 399 of the Code of Criminal Procedure. The identity of the defendant as a participant in the crime was not proved beyond a reasonable doubt. Lazansky, P. J., Scudder and Tompkins, JJ., concur; Kapper and Cars-well, JJ., dissent and vote to affirm.