People v. Forhman
Opinion of the Court
Appeal by defendant from a judgment of the Supreme Court, Kings County (Donnelly, J.), rendered September 17, 1980, convicting him of grand larceny in the second degree (two counts), grand larceny in the third degree (two counts), falsifying business records in the first degree and offering a false instrument for filing in the first degree, after a nonjury trial, and imposing sentence. Judgment affirmed and case remitted to the Supreme Court, Kings County, for further proceedings pursuant to CPL 460.50 (subd 5). The defendant’s conviction stems from the trial court’s finding that he caused Community Hospital of Brooklyn to overpay painting contractor Herbert Tino approximately $13,889.29 from October 27, 1971 through September, 1973. The prosecution claimed that defendant and his assistant administrator and accomplice, Robert Cohen, were to receive 20% of every invoice paid by the hospital to Tino. Further, the prosecution claimed that as part of this plan, defendant caused the filing of falsified financial records with Blue Cross of Greater New York, which eventually resulted in excessive reimbursement to the hospital for the accomplice Tino’s painting service. Tino — the only People’s witness capable of addressing the issue of the dollar amount involved in the kickbacks — testified that 20% of the billing was kicked back to Cohen and defendant. Both Tino and Cohen testified that the illegal payments were demanded and received by defendant. The defendant testified that he was not a party to any such arrangement. Although defendant raises several issues, only one merits discussion. This is whether the proof adduced by the prosecution complied with CPL 60.22, which provides, in part, that a “defendant may not be convicted of any offense upon the testimony of an accomplice unsupported by corroborative evidence tending to connect the defendant with the commission of such offense.” The prosecution relies on the following as corroborative evidence: (1) a taped conversation between one Greenberg and defendant, during which it is claimed certain admissions of guilt were made by the defendant; (2) defendant’s conduct during an audit by an independent firm of accountants for the hospital which the prosecution characterizes as attempts to conceal illicit conduct; (3) defendant’s failure to solicit competitive bids for painting; and (4) a $1,000 withdrawal by Tino from his bank account at approximately the time he testified that he paid defendant and Cohen that amount. CPL 60.22 restates in slightly different language the provisions of section 399 of the Code of Criminal Procedure. Thus, precedents construing section 399 apply as well to CPL 60.22. Under the statute it is not necessary that the corroboration be inconsistent with a theory by which the defendant would be innocent (People v Mullens, 292 NY 408, 414-415; People v Morhouse, 21 NY2d 66, 75). Nor is it necessary that the corroborative evidence be direct; it may be indirect and circumstantial (People v Chamberlain, 38 AD2d 306, 310-311). Evidence of concealment or analogous conduct of the defendant may constitute corroboration (People v Reddy, 261 NY 479). “All that is necessary is to connect the defendant with the crime in such a way that the jury may be reasonably satisfied that the accomplice is telling the truth. (People v Malizia, 4 NY2d 22, 27; People v Dixon, supra, at p 116.)” (People v Daniels, 37 NY2d 624, 629-630.) In People v Malone (205 App Div 257), the defendant, a commissioner of the City of Buffalo, was indicted for auditing and approving a voucher for payment with criminal intent, knowing that it was false, and thereby aiding and abetting a vendor in obtaining from the city the cost of
Case-law data current through December 31, 2025. Source: CourtListener bulk data.