A New York Criminal Lawyer said our sources show that, by stipulation, both cases were tried together, with separate judgments to be entered in each. In the first titled information, the offenders were charged with (a) criminally buying and receiving stolen property, consisting of 4 cases of handkerchiefs valued at $68.40; (b) criminally concealing and withholding the said property; and (c) petit larceny involving those handkerchiefs. In the second titled information, the offenders were charged with petit larceny, in that they stole 20 cases of handkerchiefs from their employer, valued at not more than $100.00.
At the trial, the People, called the fourth offender as their witness. After he was warned by the Court of his Constitutional rights, and with his attorney standing by his side, he testified that he and another man was employed as shipping clerks by Handkerchief Company; that the other offender, a truck man employed by Trucking Company, who had been calling at their employer’s place of business to pick up packages, approached him, and in the presence of the other employee propositioned him to enter into a ‘handkerchief deal’ with him, suggesting that a person will get for him cartons of handkerchiefs (which presumably stolen from his employer) and that he would pay him $20.00 per carton for them. They all agreed to join him in this ‘deal’, with the $20.00 per carton to be divided between them.
A New York Criminal Lawyer said the court held that while they are accomplices of each other in the petit larceny case, neither is an accomplice of the other offenders in the receiving and concealing case, under Section 1308-a of the Penal Law, which provides in substance that the thief is not an accomplice of the person charged with receiving or concealing. Hence, both confession, with respect to and insofar as they may implicate the others, if legally sufficient and credible, do not require corroboration. With respect to the effect of their confessions on the charge against the truck man, the situation is different and will be discussed separately.