PEOPLE v. KOZIUK


83 A.D.2d 870 (1981)

The People of the State of New York, Respondent, v. Richard Koziuk, Appellant

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

August 17, 1981


Judgment affirmed.

No opinion. This case is remitted to the County Court, Nassau County, for further proceedings pursuant to CPL 460.50 (subd 5).

Gibbons, J., dissents and votes to reverse the judgment and order a new trial, with the following memorandum:

The court failed to charge CPL 60.22, which defines an accomplice as follows: "2. An `accomplice' means a witness in a criminal action who, according to evidence adduced in such action...

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