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People v. Bretti

Court of Appeals of the State of New York
Nov 11, 1986
68 N.Y.2d 929 (N.Y. 1986)

Opinion

Argued October 8, 1986

Decided November 11, 1986

Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, John W. Bergin, J.

Frank Policelli for appellant.

Ronald Goldstock, Deputy Attorney-General (Thomas D. Thacher, II, and Arthur G. Weinstein of counsel), for respondent.


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 N.Y.2d 183, 194, quoting People v Morhouse, 21 N.Y.2d 66, 74; see also, People v Farruggia, 61 N.Y.2d 775, 777.)

Chief Judge WACHTLER and Judges MEYER, SIMONS, KAYE, ALEXANDER, TITONE and HANCOCK, JR., concur.

Order affirmed in a memorandum.


Summaries of

People v. Bretti

Court of Appeals of the State of New York
Nov 11, 1986
68 N.Y.2d 929 (N.Y. 1986)
Case details for

People v. Bretti

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DOMINIC A. BRETTI…

Court:Court of Appeals of the State of New York

Date published: Nov 11, 1986

Citations

68 N.Y.2d 929 (N.Y. 1986)
510 N.Y.S.2d 77
502 N.E.2d 992

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