People v. Hayes
Cases that cite this one
2 later published cases cite this decision.
- People v. Sweet (Appellate Division of the Supreme Court of New York 1990)
- People v. Santarelli (Appellate Division of the Supreme Court of New York 1984)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
Judgment unanimously reversed, on the law, and a new trial granted. Memorandum: The People’s witness Smith was a participant in the incident from which this robbery charge against defendant arose and he had pleaded guilty to robbery, third degree, in connection with the crime before defendant was indicted. It was error, therefore, for the court to fail to charge, over defendant’s objection, that Smith was an accomplice, as a matter of law, whose testimony required corroboration (see People v Bell, 48 NY2d 933; People v Minarich, 46 NY2d 970; People v "Werner, 55 AD2d 317). The People concede that the charge was erroneous but contend that the error was harmless. We are satisfied that in this case the error requires reversal. (Appeal from judgment of Erie Supreme Court, Barr, J. — robbery, second degree.) Present ■— Simons, J. P., Callahan, Denman, Moule and Schnepp, JJ.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.