People v Herbert

Holding The court affirmed the conviction, finding that the accomplice testimony was sufficiently corroborated by phone records and physical evidence to establish constructive possession of the drugs. Additionally, the court held that the trial court did not err in admitting the phone records under Molineux or in denying the defendant’s CPL 440.10 motion without appointing counsel.

The court’s words

The People's proof at trial established that, upon entering the apartment, the lead investigator observed the girlfriend exiting the living room and defendant exiting the sole bedroom.

2026 NY Slip Op 06490, at the official text

The investigator's testimony of what he observed upon executing the search warrant, along with the phone records, provided the slim corroborative linkage necessary to reasonably satisfy the jury that the accomplice[s] [were] telling the truth

2026 NY Slip Op 06490, at the official text

County Court appropriately determined that the phone records were relevant to the issues of intent to sell and the identity of the seller of the drugs found in the apartment

2026 NY Slip Op 06490, at the official text

defendants do not have an automatic right to counsel to assist with CPL 440.10 motions

2026 NY Slip Op 06490, at the official text