PEOPLE v. BERGER


52 N.Y.2d 214 (1981)

The People of the State of New York, Appellant, v. Raphael Berger, Respondent.

Court of Appeals of the State of New York.

Decided February 17, 1981.


Attorney(s) appearing for the Case

Eugene Gold, District Attorney (Beth S. Lasky and Sharen Litwin of counsel), for appellant.

John Joseph Sutter and Larry Dorman for respondent.

Judges GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur with Chief Judge COOKE; Judge JASEN dissents and votes to reverse in a separate opinion.


Chief Judge COOKE.

Defendant was convicted of criminal solicitation of perjury based solely upon the testimony of Vivian Gambino, the alleged solicitee. The issue is whether that testimony required corroboration either because Mrs. Gambino was the solicitee, or because she was an accomplice, as a matter of law.

Defendant, Raphael Berger, was indicted in Kings County and charged with three counts of grand...

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