People v. Fuller , 412 N.Y.S.2d 703 ( 1979 )

Sweeney, J. (concurring in part and dissenting in part).

While I agree and concur with the majority’s conclusion that there is insufficient corroboration to sustain the second count of the indictment and it should have been dismissed, I am unable to agree that the first count should be affirmed and, therefore, dissent and join Justice Staley’s dissent that the verdict as to the first count be reversed and a new trial granted.