People v. Bretti

New York Court of Appeals
People v. Bretti, 68 N.Y.2d 929 (N.Y. 1986)
510 N.Y.S.2d 77; 502 N.E.2d 992; 1986 N.Y. LEXIS 20881
Wachtler and Judges Meyer, Simons, Kaye, Alexander, Titone and Hancock, Jr., Concur

People v. Bretti

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

At defendant’s trial an accomplice, Mastracco, testified at length as to defendant’s role in orchestrating Dawn Grillo’s murder. The People introduced a taped conversation between Mastracco and defendant, for the purpose of corroborating Mastracco’s testimony (CPL 60.22). Defendant challenges the sufficiency of the corroborating evidence as equivocal. Even though subject to an innocent interpretation, the taped conversation " ' "so harmonize[d] with the accomplice’s narrative as to have a tendency to furnish the necessary connection between the defendant and the crime.” ’ ” (People v Kohut, 30 NY2d 183, 194, quoting People v Morhouse, 21 NY2d 66, 74; see also, People v Farruggia, 61 NY2d 775, 777.)

Chief Judge Wachtler and Judges Meyer, Simons, Kaye, Alexander, Titone and Hancock, Jr., concur.

Order affirmed in a memorandum.

Reference

Full Case Name
The People of the State of New York, Respondent, v. Dominic A. Bretti, Appellant
Cited By
20 cases
Status
Published