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PEOPLE v. MINARICH

46 N.Y.2d 970 (1979)

The People of the State of New York, Respondent, v. William Minarich, Also Known as Billy Minarich, and Christopher Lee Minarich, Appellants.

Court of Appeals of the State of New York.

Decided March 22, 1979.

Attorney(s) appearing for the Case

Anna M. Perry and Henry F. Middlemiss, Jr., for appellants.

Patrick Henry, District Attorney (Vincent A. Malito of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER and FUCHSBERG concur in memorandum.

MEMORANDUM.

The orders of the Appellate Division should be reversed, and the cases remitted for a new trial.

The Appellate Division correctly held, and indeed the People concede, that James Longtin was an accomplice as a matter of law (CPL 60.22, subd 2; see People v Beaudet, 32 N.Y.2d 371). The trial court was therefore required to instruct the jury that Longtin was an accomplice...

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