Legal Research Home > New York Lawyer > Criminal Procedure > New York Criminal Procedure Law Section 60.22 - Rules Of Evidence; Corroboration Of Accomplice Testimony.



 
    § 60.22  Rules of evidence; corroboration of accomplice testimony.
    1.  A defendant may not be convicted of any offense upon the testimony
  of  an  accomplice  unsupported  by  corroborative  evidence  tending to
  connect the defendant with the commission of such offense.
    2.   An "accomplice"  means  a  witness  in  a  criminal  action  who,
  according  to  evidence  adduced  in  such  action,  may  reasonably  be
  considered to have participated in:
    (a)  The offense charged; or
    (b)  An offense based upon the same or  some  of  the  same  facts  or
  conduct which constitute the offense charged.
    3.  A witness who is an accomplice as defined in subdivision two is no
  less such because a prosecution or conviction of himself would be barred
  or  precluded by some defense or exemption, such as infancy, immunity or
  previous prosecution, amounting to a collateral  impediment  to  such  a
  prosecution  or  conviction,  not  affecting  the  conclusion  that such
  witness engaged in the conduct constituting the offense with the  mental
  state required for the commission thereof.

Last modified: July 30, 2006