People v. Degeorge, 21 N.Y.2d 66 (1968)

Under New York law, accomplice testimony must be corroborated by independent evidence tending to connect the defendant to the commission of the crime, but this evidence need not prove the entire case or establish every element of the offense.

Summary

Degeorge, a police officer, was convicted of grand larceny based on accomplice testimony that he stole refrigerators. The New York Court of Appeals considered whether sufficient independent evidence corroborated the accomplice testimony and whether the use of Degeorge’s grand jury testimony violated his Fifth Amendment rights. The court held that there was sufficient corroborating evidence to connect Degeorge to the crime and that the use of his grand jury testimony for impeachment purposes was harmless error.

Facts

247 new refrigerators were delivered to a New York City Housing Authority project. Shortly thereafter, 26 refrigerators were found missing. Degeorge, a police officer, was indicted with others for grand larceny. Two guards at the project pleaded guilty to petit larceny. At trial, Franz Schmitt testified that Degeorge offered to sell him a refrigerator for $85. Rudolph Schmidt, Franz’s son-in-law, testified he saw a taped refrigerator on Degeorge’s porch. Nuro, one of the accomplices, testified that Degeorge and Cuomo took nine refrigerators one night and nine more later in August, paying him for them.

Procedural History

Degeorge and Cuomo were convicted of grand larceny. The trial court set aside Cuomo’s verdict for lack of corroboration. Degeorge appealed his conviction, arguing insufficient corroboration of accomplice testimony and violation of his Fifth Amendment rights regarding the use of his grand jury testimony. The appellate division affirmed the conviction, and Degeorge appealed to the New York Court of Appeals.

Issue(s)

1. Whether the non-accomplice testimony was sufficient to corroborate the accomplice testimony and connect Degeorge to the commission of the crime, as required by New York law.
2. Whether the prosecutor’s use of Degeorge’s Grand Jury testimony violated his Fifth Amendment rights, given that he testified under a waiver of immunity as a condition of his employment as a police officer.

Holding

1. Yes, because the non-accomplice testimony placed Degeorge at the scene of the crime, in a vehicle similar to the one described by the accomplices, and in possession of a refrigerator similar to those stolen.
2. No, because even if the use of the Grand Jury testimony was error, it was harmless, as it was used solely for impeachment, and Degeorge explained away the inconsistencies.

Court’s Reasoning

The court stated that corroboration of accomplice testimony is sufficient if there is some non-accomplice evidence ‘fairly tending to connect the defendant with the commission of the crime.’ The court emphasized that this corroboration need not, like circumstantial evidence, lead exclusively to the inference of the defendant’s guilt. “Matters in themselves of seeming indifference * * * may so harmonize with the accomplice’s narrative as to have a tendency to furnish the necessary connection between the defendant and the crime.”

In this case, the non-accomplice testimony placed Degeorge at the scene of the crime around the time of the thefts, in a similar vehicle, and in possession of a similar refrigerator. This, the court reasoned, sufficiently connected Degeorge to the crime. Regarding the Grand Jury testimony, the court acknowledged Degeorge’s argument that, as a police officer, he was required to waive immunity or lose his job, potentially rendering his testimony involuntary under Garrity v. New Jersey. However, the court found it unnecessary to decide the retroactivity of Garrity because the use of the testimony for impeachment, coupled with Degeorge’s explanations, made any error harmless. The court therefore affirmed the judgment.