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PEOPLE v. SANTARELLI

99 A.D.2d 594 (1984)

The People of the State of New York, Respondent, v. Robert Santarelli, Appellant

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

January 19, 1984

It is undisputed that the People's witness Michael Schnur was an accomplice, as a matter of law, whose testimony required corroboration (People v Duncan, 46 N.Y.2d 74, 79, cert den 442 U.S. 910). County Court, however, after properly charging the jury that Schnur was an accomplice, charged the jury that whether Schnur was an accomplice was a factual question for them to decide. Such charge was blatantly inconsistent and confusing...

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