Opinion
March 13, 1962
Present — Bergan, P.J., Coon, Gibson, Reynolds and Taylor, JJ.
Appeal from a judgment of conviction entered upon the defendant's being found guilty after trial in County Court, Tompkins County. On the trial of appellant for burglary and grand larceny as a youthful offender, two accomplices in the crime testified to the participation of appellant in its planning and execution; and of the receipt by appellant of $557.40 as his share of the proceeds. The crime itself is fully and independently established; but the corroboration of the testimony of the accomplice as to appellant's participation in it depends on the testimony of Fred Whiting, a police officer. This witness testified that he had a conversation with appellant three days after the crime. He said: "I asked Mr. Munsey (appellant) if he had any money, and he said he did have. I asked him where it was, and he said it was home. We left the Sheriff's office, Mr. Munsey, and I, and Mr. McGraw, and I went to Mr. Munsey's home on State Street. I waited in the hallway, and Mr. Munsey went to the attic or upstairs somewhere and came down with $500 and gave it to me. Q. Was that $500 in cash money? A. It was in cash. Q. Did you question Mr. Munsey about where this money came from? A. Yes, sir. Q. What did he say? A. He said it was a gift from some fellows he was with the other night." The production of this sum of money closely following the time and its approximate amount of the share which the accomplices testified they gave to appellant; its unquestioning and unexplained delivery to a police officer without objection; and the explanation that it was "a gift from some fellows he was with the other night" all tend to meet sufficiently, in our view, the requirement of section 399 of the Code of Criminal Procedure, of "such other evidence as tends to connect the defendant with the commission of the crime." ( People v. Dixon, 231 N.Y. 111.) Thus the motion made at the end of the People's case was properly denied. Judgment unanimously affirmed.