New York Court of Appeals, 1979

People v. Minarich

New York Court of Appeals · Decided March 22, 1979

46 N.Y.2d 970; 389 N.E.2d 137; 415 N.Y.S.2d 825; 1979 N.Y. LEXIS 1890

Cases that cite this one

32 later published cases cite this decision. The 25 that cite it most often are listed here.

People v. Sage (N.Y. 2014)
People v. Martinez (N.Y. 1993)
People v. Artis (Appellate Division of the Supreme Court of New York 1992)
People v. Felton (Appellate Division of the Supreme Court of New York 1990)
People v. Pettus (Appellate Division of the Supreme Court of New York 2018)
People v. Medeiros (Appellate Division of the Supreme Court of New York 2014)
People v. Medeiros (Appellate Division of the Supreme Court of New York 2014)
People v. Hines (Appellate Division of the Supreme Court of New York 2005)
People v. Adams (Appellate Division of the Supreme Court of New York 2003)
People v. McGlotten (Appellate Division of the Supreme Court of New York 2000)
People v. Polhill (Appellate Division of the Supreme Court of New York 1993)
People v. Mahan (Appellate Division of the Supreme Court of New York 1993)
People v. Green (Appellate Division of the Supreme Court of New York 1991)
People v. White (Appellate Division of the Supreme Court of New York 1989)
People v. Morillo (Appellate Division of the Supreme Court of New York 1989)
People v. Chernauskas (Appellate Division of the Supreme Court of New York 1988)
People v. Facey (Appellate Division of the Supreme Court of New York 1986)
People v. Leon (Appellate Division of the Supreme Court of New York 1986)
People v. Vataj (Appellate Division of the Supreme Court of New York 1986)
People v. Strawder (Appellate Division of the Supreme Court of New York 1986)
People v. Van Denburg (Appellate Division of the Supreme Court of New York 1985)
People v. Muccia (Appellate Division of the Supreme Court of New York 1984)
People v. Pelc (Appellate Division of the Supreme Court of New York 1984)
People v. Tune (Appellate Division of the Supreme Court of New York 1984)
People v. Pagan (Appellate Division of the Supreme Court of New York 1984)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

OPINION OF THE COURT

Memorandum.

The orders of the Appellate Division should be reversed, and the cases remitted for a new trial.

The Appellate Division correctly held, and indeed the People concede, that James Longtin was an accomplice as a matter of law (CPL 60.22, subd 2; see People v Beaudet, 32 NY2d 371). The trial court was therefore required to instruct the jury that Longtin was an accomplice, and that defendants could not be convicted on Longtin’s testimony absent corroborative evidence (CPL 60.22, subd 1). "Failure to so charge the jury was necessarily harmful error” (People v Jenner, 29 NY2d 695, 696-697).

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Fuchsberg concur in memorandum.

Orders reversed, etc.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.