Appellate Division of the Supreme Court of New York, 2000

People v. Newbould

People v. Newbould
Appellate Division of the Supreme Court of New York · Decided February 16, 2000
269 A.D.2d 850; 703 N.Y.S.2d 801; 2000 N.Y. App. Div. LEXIS 1800
People v. Newbould

Opinion of the Court

—Judgment unanimously affirmed. Memorandum: County Court properly determined that the issue whether two witnesses were accomplices was for the jury. The evidence did not establish conclusively that those witnesses participated in the crimes (see, People v Crutchfield, 134 AD2d 508, 509, lv denied 71 NY2d 894). “[I]f different inferences may reasonably be drawn from the proof regarding complicity, according to the statutory definition, the question should be left to the jury for its determination” (People v Basch, 36 NY2d 154, 157). (Appeal from Judgment of Orleans County Court, Punch, J. — Burglary, 2nd Degree.) Present — Green, A. P. J., Hayes, Pigott, Jr., and Balio, JJ.

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