15.35 - B. Accomplices

JurisdictionNew York

B. Accomplices

In any criminal prosecution in which it is alleged that more than one person has been involved, it is very likely that the prosecution’s proof at trial will include a witness who may be considered an “accomplice.” That accomplice is testifying for the prosecution against the defendant because it is in the accomplice’s best interests to do so. The cross-examination of an accomplice is designed to shatter his credibility by demonstrating to the jury the witness’s own criminality and the witness’s willingness to do or say anything to escape the consequences of that criminality, as well as to lay the foundation for the court’s instructions in its charge to the jury with regard to accomplice testimony, evaluation of the credibility of an accomplice and the corroboration requirements relating to accomplice testimony.2149 There are as many...

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