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1
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OPINION
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EXTRACTED KEY WORDS
ENTERPRISE PATTERN ACTS JURY OFFENSE ACCOMPLICE ENTERPRISE CORRUPTION CHARGES PENAL LAW EVIDENCE CORROBORATION CRIME CONVICTION FELONY TESTIMONY CPL SENTENCING NY2D COMMIT CRIMINAL ACTIVITY ROBBERY FELONIES DETERMINATION PROSECUTION COURT SEPARATE PARTICIPATION GRAND LARCENY PURPOSE LEGISLATURE |
1 No. 67
The People &c.,
Respondent,
v.
James Besser, a/k/a James Zerilli,
Appellant.
_________________________________________________________________
_________________________________________________________________
1 No. 68
The People &c.,
Respondent,
v.
Jerry Ciauri,
Appellant.
_________________________________________________________________
Case No. 67:
_________________________________________________________________
2001 NY Int. 54
May 1, 2001
This opinion is uncorrected and subject to revision before publication
in the New York Reports.
Richard M. Greenberg, for appellant.
Gina M. Mignola, for respondent.
Edward Lindner, for the Attorney General. Case No. 68: Michael J.
Hutter, for appellant.
Gina M. Mignola, for respondent.
Edward Lindner, for the Attorney General. GRAFFEO, J.: Defendants were
convicted after a jury trial of enterprise corruption (see, Penal
Law § 460.20). The primary contention asserted by each defendant on
appeal concerns application of the CPL 60.22(1) accomplice
corroboration rule to an enterprise corruption prosecution. Defendants
contend that accomplice corroboration was required for each pattern
criminal act that supported a finding of guilt under the enterprise
corruption statute. We conclude, however, the jury was properly
charged that the testimony of the accomplices need not be corroborated
for each pattern act but was sufficiently corroborated if the jury
determined that some independent evidence tended to connect defendants
to the offense of enterprise corruption. Accordingly, we affirm.
In 1986, the Legislature enacted Title X of the Penal Law, the
"Organized Crime Control Act" (OCCA), which created the offense of
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