PEOPLE v. BAKER


46 A.D.2d 377 (1974)

The People of the State of New York, Respondent, v. Jerry Baker, Appellant

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

December 30, 1974.


Attorney(s) appearing for the Case

William E. Hellerstein and William J. Gallagher (Robert H. Claridge of counsel), for appellant.

John M. Braisted, Jr., District Attorney (Norman C. Morse of counsel), for respondent.

HOPKINS, Acting P. J., MARTUSCELLO, LATHAM and COHALAN, JJ., concur.


SHAPIRO, J.

The defendant has been convicted of manslaughter in the second degree for causing the death of one Marvin Riddick on January 17, 1970. The central issue before us is whether the trial court properly ruled that there was a question of fact calling for the jury's determination whether Robert Edward Gardner, the prosecution's main witness, was an accomplice of the defendant or whether it should have...

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