From Casetext: Smarter Legal Research

People v. Dixon

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 9, 1995
216 A.D.2d 902 (N.Y. App. Div. 1995)

Opinion

June 9, 1995

Appeal from the Erie County Court, McCarthy, J.

Present — Pine, J.P., Lawton, Wesley, Callahan and Boehm, JJ.


Judgment unanimously affirmed. Memorandum: Defendants appeal from judgments following a jury trial convicting them of robbery in the first degree (Penal Law § 160.15), unauthorized use of a vehicle in the first degree (Penal Law § 165.08), criminal possession of stolen property in the fourth degree (Penal Law § 165.45), and criminal possession of a weapon in the third degree (Penal Law § 265.02). They contend that the testimony of the accomplice is not sufficiently corroborated to sustain their convictions and that the evidence is insufficient to convict them of unauthorized use of a vehicle and criminal possession of stolen property.

The eyewitness identifications of defendants by the victims are sufficient to corroborate the testimony of the accomplice (see, People v. Jones, 202 A.D.2d 979, affd 85 N.Y.2d 823); those identifications provide "enough nonaccomplice evidence to assure that the [accomplice had] offered credible probative evidence" (People v. Breland, 83 N.Y.2d 286, 293). The accomplice's testimony, together with the circumstantial evidence of defendants' knowledge that the vehicle was stolen, is sufficient to support defendants' convictions of unauthorized use of a vehicle and criminal possession of stolen property (see, People v. Zorcik, 67 N.Y.2d 670).

Defendants' sentences are neither unduly harsh nor severe. We have considered the issues raised in defendant Harris's pro se supplemental brief and conclude that they are without merit.


Summaries of

People v. Dixon

Appellate Division of the Supreme Court of New York, Fourth Department
Jun 9, 1995
216 A.D.2d 902 (N.Y. App. Div. 1995)
Case details for

People v. Dixon

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. AHMAIL DIXON, Appellant

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Jun 9, 1995

Citations

216 A.D.2d 902 (N.Y. App. Div. 1995)
629 N.Y.S.2d 556

Citing Cases

People v. Harris

Judgment unanimously affirmed. Same Memorandum as in People v Dixon ( 216 A.D.2d 902 [decided herewith]).…