PEOPLE v. CONLON


66 A.D.2d 823 (1978)

The People of the State of New York, Respondent, v. Peter Conlon, Appellant

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

December 18, 1978


Judgment reversed, on the law, and new trial ordered.

The major issue on this appeal is whether the trial court erred in refusing to charge that one William Apy was, as a matter of law, an accomplice of the defendant. The evidence adduced at trial showed that on the evening of May 8, 1976, Lori Hemings, Robert Apy and the defendant drove to a house in the Hamlet of Vista. While Hemings waited in the car, Apy and the defendant broke into the house and removed jewelry...

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