People v. Codrington
| Decision Date | 25 March 1985 |
| Citation | 487 N.Y.S.2d 83,109 A.D.2d 891 |
| Parties | The PEOPLE, etc., Respondent, v. Joseph CODRINGTON, Appellant. |
| Court | New York Supreme Court — Appellate Division |
Reuben Ortenberg, Suffern (Robert J. Prier, Suffern, on the brief), for appellant.
Kenneth Gribetz, Dist. Atty., New City (John S. Edwards, New City, of counsel), for respondent.
Before MANGANO, J.P., and BROWN, RUBIN and LAWRENCE, JJ.
MEMORANDUM BY THE COURT.
Appeal by defendant from a judgment of the County Court, Rockland County, rendered December 2, 1982, convicting him of murder in the second degree, robbery in the first degree (three counts), and robbery in the second degree, upon a jury verdict, and imposing sentence.
Judgment affirmed.
We find that, viewing the evidence in the light most favorable to the People, defendant's guilt was proven beyond a reasonable doubt (People v. Malizia, 62 N.Y.2d 755, 476 N.Y.S.2d 825, 465 N.E.2d 364, cert. denied 469 U.S. 932, 105 S.Ct. 327, 83 L.Ed.2d 264; People v. Contes, 60 N.Y.2d 620, 467 N.Y.S.2d 349, 454 N.E.2d 932; People v. Benzinger, 36 N.Y.2d 29, 364 N.Y.S.2d 855, 324 N.E.2d 334). Two eyewitnesses identified defendant as the man who entered the Farmer's Best Market in Sloatsburg, Rockland County, after one of the other perpetrators shot and killed one Guiseppe Inturrisi. Another eyewitness saw defendant outside of the market for two or three minutes and saw his face for one to one and one-half minutes. Based on this and other evidence, which corroborates the testimony of defendant's alleged accomplice as required by CPL 60.22, defendant's guilt was proven beyond a reasonable doubt.
Defendant was not denied his right to confront witnesses when his alleged accomplice invoked his Fifth Amendment right not to incriminate himself. The questions which resulted in the invocation of the Fifth Amendment were addressed to matters collateral to the evidence in the case, to wit, whether he was involved in other robberies, and reflected only on the accomplice's credibility (see Matter of Gisin v. Department of Public Safety, Bur. of Police, City of Mount Vernon, 102 A.D.2d 891, 477 N.Y.S.2d 63; People v. Jones, 99 A.D.2d 471, 472, 470 N.Y.S.2d 178; People v. Allen, 67 A.D.2d 558, 561, 416 N.Y.S.2d 49, affd 50 N.Y.2d 898, 430 N.Y.S.2d 588, 408 N.E.2d 917 on the opn of Presiding Justice MOLLEN at the App.Div.; but see People v. Kelly, 48 A.D.2d 802, 369 N.Y.S.2d 446; People v. Rivera, 106 Misc.2d 110, 431 N.Y.S.2d 316). Defendant's claim that reversible error was...
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