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PEOPLE v. GUADAGNO

11 A.D.2d 1003 (1960)

The People of the State of New York, Respondent, v. Josephine Guadagno, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

October 18, 1960

Judgment of conviction unanimously affirmed.

Counsel for defendant requested that the court hold as a matter of law that the witness Morano was an accomplice. The court properly refused to do so. Perhaps the court, upon a proper charge, should have submitted to the jury the question as to whether the witness was an accomplice as a matter of fact. However, counsel for the defendant failed to ask that the issue be submitted...

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