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PEOPLE STATE NEW YORK v. EMANUEL ROTHSTEIN (03/03/69)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT


March 3, 1969

THE PEOPLE OF THE STATE OF NEW YORK, APPELLANT,
v.
EMANUEL ROTHSTEIN, RESPONDENT, ET AL., DEFENDANT

Appeal from an order of the Supreme Court, Kings County, dated February 24, 1967, which granted defendant Rothstein's motion to dismiss the indictment as to him.

Beldock, P. J., Benjamin, Munder, Martuscello and Kleinfeld, JJ., concur.

The learned Justice at Criminal Term dismissed the indictment on the ground that the evidence presented to the Grand Jury was insufficient to sustain it. It is undisputed that the evidence would be sufficient if the testimony of Harvey Wohl, respondent's accomplice, were corroborated by such other proof as satisfied the requirements of section 251 of the Code of Criminal Procedure. In our opinion, the recordings of conversations between Wohl and respondent constituted such sufficient corroboration, when they are read in light of the guidelines laid down by People v. Dixon (231 N. Y. 111, 116); People v. Ruberto (10 N.Y.2d 428, cert. den. 371 U.S. 842); People v. Fiore (12 N.Y.2d 188); People v. Mirenda (23 N.Y.2d 439); People v. Robinson (28 A.D.2d 916); People v. Watford (19 A.D.2d 731).

Disposition

Order reversed, on the law and the facts, motion denied and indictment reinstated.

19690303

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