People v. Swanchak
Opinion of the Court
— Appeal from a judgment of the County Court of Clinton County (Feinberg, J.), rendered August 18, 1982, upon a verdict convicting defendant of the crimes of burglary in the third degree and grand larceny in the third degree. Defendant was charged in an indictment with the crimes of burglary in the third degree and grand larceny in the third degree based upon his alleged theft of drugs from the Condo Pharmacy on October 15, 1981. Following a jury trial, he was found guilty as charged and this appeal ensued. Initially, defendant contends that there was insufficient corroborative evidence to support the conviction. At the trial, Earl Dresser, who was held to be an accomplice as a matter of law by the trial court, testified that defendant had come to him on October 14,1981 and told him that he was going to commit a burglary; that defendant asked him if he would purchase any drugs acquired as a result of the crime; that on the next morning defendant sold certain drugs to Dresser; and that defendant told Dresser that the drugs had come from the Condo Pharmacy. It is defendant’s contention that Dresser’s testimony was not sufficiently corroborated as required by CPL 60.22. A nonaccomplice, however, testified that he was in Dresser’s apartment on the morning of October 15, 1981 and witnessed defendant selling drugs to Dresser. The nonaccomplice also testified that Dresser stated in defendant’s presence that the drugs came
Case-law data current through December 31, 2025. Source: CourtListener bulk data.