PEOPLE v. BASCH


36 N.Y.2d 154 (1975)

The People of the State of New York, Respondent, v. Jack Fred Basch and James Michael Bruno, Appellants.

Court of Appeals of the State of New York.

Decided February 18, 1975.


Attorney(s) appearing for the Case

Charles F. Crimi for Jack Fred Basch, appellant.

Peter L. Yellin, Public Defender (Robert S. Beer of counsel), for James Michael Bruno, appellant.

Jack B. Lazarus, District Attorney (Charles R. Testa of counsel), for respondent.

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


COOKE, J.

The only issue of concern presented on this appeal is whether the trial court committed error in submitting to the jury, as a question of fact, whether John Clee was an accomplice. We hold that it did not.

On the evening of January 9, 1972 several young people, including defendants Basch and Bruno, as well as John Clee and Tom Joslyn, were snowmobiling with three machines in the Town of Webster...

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