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PEOPLE v. LEON

121 A.D.2d 1 (1986)

The People of the State of New York, Respondent, v. Jose Leon, Appellant

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

December 2, 1986

Attorney(s) appearing for the Case

Andrew C. Fine of counsel (Sheila A. Murphy with him on the brief; Philip L. Weinstein, attorney), for appellant.

Michael R. Gordon of counsel (Billie Manning with him on the brief; Mario Merola, District Attorney, attorney), for respondent.

MURPHY, P. J., ROSS and LYNCH, JJ., concur.

WALLACH, J.

Appellant stands convicted of murder in the second degree. He urges reversal on the ground that the People's chief witness, Israel Rivera, was an accomplice, and that the jury should therefore have been instructed that his testimony had to be corroborated, even though no request was made for such an instruction and no exception taken to its omission. At the...

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