PEOPLE v. SMITH


110 A.D.2d 669 (1985)

The People of the State of New York, Respondent, v. John Smith, Appellant

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

April 1, 1985


Judgment affirmed.

Defendant argues that the trial court erroneously refused to charge that his half-sister, Rachel Parks, was an accomplice as a matter of law. The evidence adduced at trial indicates that although Parks had no advance knowledge of, and did not participate in, defendant's crimes, she did subsequently hide his gun at his request. Such conduct did not render Parks an accomplice as a matter of law (see, People v Cobos,

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