PEOPLE v. BROOKS


34 N.Y.2d 475 (1974)

The People of the State of New York, Respondent, v. Thyndle Brooks, Appellant.

Court of Appeals of the State of New York.

Decided July 10, 1974.


Attorney(s) appearing for the Case

Eugene Murphy, James J. McDonough and Matthew Muraskin for appellant.

William Cahn, District Attorney (Henry P. DeVine of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, RABIN and STEVENS concur with Judge JONES; Judge WACHTLER dissents and votes to reverse in a separate opinion in which Judge GABRIELLI concurs.


JONES, J.

We are called on to interpret the definition of accomplice now set forth in CPL 60.22 (subd. 2).

After a jury trial appellant was convicted of petit larceny for the theft of jewelry taken from a residence in the Woodsburgh section of Woodmere, Long Island. At the trial one Lo Monaco, a known receiver of stolen goods or "fence", to whom the police had been led by a confidential informer, appeared...

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