PEOPLE v. LIPTON


78 A.D.2d 999 (1980)

The People of the State of New York, Respondent, v. Norman Lipton, Appellant

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

November 13, 1980


Judgment unanimously affirmed.

Memorandum:

The court's failure to charge that witnesses Stephen Raia, Patrick Ryder and Jane Otto were accomplices as a matter of law was error. In a conference among the court, defense counsel and the prosecuting attorney prior to the charge, it was agreed that the jury would be instructed that said witnesses were accomplices as a matter of law. Contrary to that agreement, however, the court charged that their status was to...

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