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  5. 57 N.Y.2d 798 (1982)
 

PEOPLE v. COBOS

57 N.Y.2d 798 (1982)

The People of the State of New York, Respondent, v. Gino Cobos, Appellant.

Court of Appeals of the State of New York.

Decided October 5, 1982.

Attorney(s) appearing for the Case

Edward J. Nowak and Howard A. Bloch for appellant.

Donald O. Chesworth, Jr., District Attorney (Kenneth R. Fisher and Sheldon Boyce of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG and MEYER concur; Judge GABRIELLI taking no part.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant argues that the witness Destino was an accomplice as a matter of law in the intentional murder of James Amico. The People counter that though Destino was an accomplice as a matter of law in the earlier assault of and attempt to rob Amico, the murder was a later and separate crime and, in any event, the issue was not preserved. Defendant...

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