New York Court of Appeals

The People of the State of New York v. . Max Swersky and David Kalhofer

January 4, 1916216 N.Y. 471

Summary

The Court held that the trial judge erred in directing the jury that a key witness, Erlichman, was not an accomplice and that this error required reversal and a new trial for Kalhofer, but the same error was harmless for Swersky because of abundant corroborating evidence, so Swersky's conviction was affirmed.