People v. Correa
Opinion of the Court
There is no merit to the defendant’s contention that the County Court should have instructed the jury that a certain prosecution witness was an accomplice as a matter of law. “ £ [I]f the undisputed evidence establishes that a witness is an accomplice, the jury must be so instructed but, if different inferences may reasonably be drawn from the proof regarding complicity . . . the question should be left to the jury for its determination’ ” (People v Sweet, 78 NY2d 263, 266 [1991], quoting People v Basch, 36 NY2d 154, 157 [1975]). Here, since the evidence in this regard was susceptible of more than one interpretation, the County Court properly instructed the jury to determine whether the witness was an accomplice (see People v Besser, 96 NY2d 136, 147 [2001]; People v Cardona, 17 AD3d 692, 693 [2005]; People v Cirigliano, 15 AD3d 672, 673 [2005]).
The defendant’s remaining contentions are without merit. Angiolillo, J.E, Dickerson, Chambers and Lott, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.