From Casetext: Smarter Legal Research

People v. Pelc

Appellate Division of the Supreme Court of New York, Fourth Department
May 25, 1984
101 A.D.2d 995 (N.Y. App. Div. 1984)

Opinion

May 25, 1984

Appeal from the Cayuga County Court, Rybarczyk, J.

Present — Dillon, P.J., Callahan, Doerr, O'Donnell and Moule, JJ.


Judgment unanimously affirmed. Memorandum: Defendant was convicted following a jury trial of four counts of sodomy in the first degree. It was established that defendant, while incarcerated at the Cayuga County Jail, assisted another inmate in forcing a 17-year-old inmate to engage in four separate acts of sodomy with a fellow inmate. On appeal, defendant contends that the trial court erred in failing to instruct the jury that defendant could not be convicted on the basis of uncorroborated accomplice testimony (see CPL 60.22). Defendant acknowledges that no request was made that the court charge corroboration, nor was there any exception taken to the court's failure to so charge in accordance with the statute. Thus, the issue has not been preserved for appellate review (see People v Henn, 79 A.D.2d 852; People v Graham, 67 A.D.2d 172, 179). Nevertheless, defendant, relying on People v Ramos ( 68 A.D.2d 748), maintains that the trial court's failure to charge the jury on the accomplice corroboration rule constitutes reversible error, even in the absence of a request to charge. ¶ The prosecution presented testimony from two inmates who had participated in these crimes and had entered pretrial guilty pleas to charges arising out of this incident. These witnesses were accomplices as a matter of law (CPL 60.22, subd 2) and the trial court should have instructed the jury that defendant could not be convicted on their testimony absent corroborative evidence (CPL 60.22, subd 1; see People v Minarich, 46 N.Y.2d 970). On the facts of this case, however, failure to so charge does not require reversal. In addition to the accomplice testimony, the prosecution presented testimony from both the victim and another inmate who witnessed, but was not involved in, the incidents of sodomy. Thus, unlike the factual situation in Ramos ( supra), the prosecution's case was not "substantially dependent" on the accomplices' testimony and there was, in any event, ample corroborative evidence of the accomplices' testimony ( People v Graham, supra, p 179).


Summaries of

People v. Pelc

Appellate Division of the Supreme Court of New York, Fourth Department
May 25, 1984
101 A.D.2d 995 (N.Y. App. Div. 1984)
Case details for

People v. Pelc

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDWARD F. PELC…

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

Date published: May 25, 1984

Citations

101 A.D.2d 995 (N.Y. App. Div. 1984)

Citing Cases

People v. Sweet

In the other cases, witnesses had, by their prior pleas, admitted their complicity and there was no mention…

People v. Scullark

Defendant's claim that the court should have delivered an accomplice corroboration charge is unpreserved and…