New York Court of Appeals, 1986

People v. Bretti

People v. Bretti
New York Court of Appeals · Decided November 11, 1986 · Wachtler and Judges Meyer, Simons, Kaye, Alexander, Titone and Hancock, Jr., Concur
68 N.Y.2d 929; 510 N.Y.S.2d 77; 502 N.E.2d 992; 1986 N.Y. LEXIS 20881
People v. Bretti

Cases that cite this one

19 later published cases cite this decision.

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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.

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