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PEOPLE v. HERNANDEZ

59 N.Y.2d 881 (1983)

The People of the State of New York, Respondent, v. Pedro Hernandez, Appellant.

Court of Appeals of the State of New York.

Decided June 14, 1983.

Attorney(s) appearing for the Case

Jonathan M. Jacobson for appellant.

Mario Merola, District Attorney (Richard E. Haftel of counsel), for respondent.

Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, MEYER and SIMONS concur.

MEMORANDUM.

The order of the Appellate Division should be reversed and a new trial ordered.

It was error for the Trial Judge to refuse to charge as requested by defendant's attorney that there was no evidence that an accomplice had participated in any of the crimes charged and to answer affirmatively the jury's question whether if an accomplice to a burglary breaks a window to effect entry all participants in the...

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