People v. Hudson, 51 N.Y.2d 233 (1980)
Under New York Criminal Procedure Law § 60.22(1), a defendant cannot be convicted solely on accomplice testimony unless there is independent evidence tending to connect the defendant to the commission of the offense; this independent evidence must stand on its own and cannot rely on the accomplice’s testimony to establish its probative value.
Summary
Hudson was convicted of robbery based largely on accomplice testimony. The New York Court of Appeals considered whether the accomplice testimony was sufficiently corroborated by independent evidence. The court held that while the accomplice testimony detailed Hudson’s involvement in planning and executing the robbery, the corroborating evidence must independently connect Hudson to the crime. The court found that Hudson’s behavior at the scene, including feigning ignorance about the location of an item, directing attention to the robber’s gun, and promptly complying with the robber’s demands, provided sufficient independent corroboration to support the conviction. The corroborative evidence doesn’t need to prove guilt, but it does have to connect the accused to the crime.
Facts
James O’Connor, a grocery store owner, was robbed. Prior to the robbery, Hudson entered O’Connor’s store, an establishment where Hudson was previously known. Hudson asked O’Connor for toilet paper, even though it was in plain sight. As O’Connor turned to help, Roger Lee Nelson brandished a gun and announced a robbery. Hudson feigned surprise and exclaimed the robber had a gun, then complied with Nelson’s order to take O’Connor’s wallet. After Nelson and another accomplice, Henry Edge, fled, Hudson cautioned teenagers against chasing them, warning that the robber’s gun was loaded. Hudson later provided police with a false address but was found there when police arrived.
Procedural History
Hudson was convicted of robbery in the second degree. The Appellate Division affirmed the conviction. Hudson appealed to the New York Court of Appeals, arguing that the accomplice testimony was not sufficiently corroborated.
Issue(s)
Whether the testimony of accomplices Nelson and Edge was sufficiently corroborated by independent evidence tending to connect Hudson with the commission of the robbery, as required by CPL 60.22(1)?
Holding
Yes, because Hudson’s conduct at the scene of the crime, viewed objectively and independently of the accomplice testimony, tended to connect him to the commission of the robbery.
Court’s Reasoning
The court emphasized that CPL 60.22(1) requires independent evidence connecting the defendant to the crime, not merely bolstering the accomplice’s credibility. The independent evidence must stand on its own, without relying on the accomplice’s testimony to establish its relevance or probative value. The purpose of the corroboration requirement is to protect against the risk of a motivated fabrication by the accomplice. The court found that Hudson’s presence at the false address and failure to identify the photographs of his accomplices could not be considered independent corroboration, as their probative value depended entirely on the accomplice testimony. However, Hudson’s actions at the grocery store—his pretextual request for toilet paper, his exclamation about the gun, his prompt compliance with the robber’s demand to take O’Connor’s wallet, and his warning to the teenagers—collectively supported a reasonable inference that he was involved in the robbery. The court stated, “The independent proof therefore constituted, in the words of the statute, ‘evidence tending to connect the defendant with the commission’ of the robbery.” The court acknowledged that each action individually could have an innocent explanation, but the totality of Hudson’s behavior reasonably inferred his involvement. Dissenting or concurring opinions were not discussed in the decision.