New York Court of Appeals, 1943

People v. Peller, Podinker

People v. Peller, Podinker
New York Court of Appeals · Decided June 18, 1943 · Loughran
50 N.E.2d 300; 290 N.Y. 905; 1943 N.Y. LEXIS 1477 (North Eastern Reporter, Second Series)

People v. Peller, Podinker

Opinion of the Court

Judgments of conviction affirmed; no opinion.

Concur: LEHMAN, Ch. J., LEWIS, CONWAY and DESMOND, JJ.

LOUGHRAN, J., concurs in the following memorandum: An accomplice-witness can be sufficiently corroborated solely by a testimonial report of an extra-judicial oral admission of the accused, though such report is made only by a thoroughly discredited witness. (People v. Buchalter, 289 N.Y. 181.) *Page 907

RIPPEY, J., concurs as to Podinker, but dissents and votes to reverse as to Peller on the ground that the evidence is insufficient as matter of law to sustain a finding of guilt beyond a reasonable doubt.

Opinion of the Court

Judgments of conviction affirmed; no opinion.

Concur: Lehman, Ch. J., Lewis, Conway and Desmond, JJ.

Concurring Opinion

Loughran, J.,

concurs in the following memorandum: An accomplice-witness can be sufficiently corroborated solely by a testimonial report of an extra-judicial oral admission of the accused, though such report is made only by a thoroughly discredited witness. (People v. Buchalter, 289 N. Y. 181.)

Concurring Opinion

*907Rippey, J.,

concurs as to Podinker, but dissents and votes to reverse as to Peller on the ground that the evidence is insufficient as matter of law to sustain a finding of guilt beyond a reasonable doubt.

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