PEOPLE v. VATAJ


69 N.Y.2d 985 (1987)

The People of the State of New York, Respondent, v. Joseph Vataj, Appellant.

Court of Appeals of the State of New York.

Decided May 28, 1987.


Attorney(s) appearing for the Case

Mark F. Pomerantz, David T. Grudberg and Warren L. Feldman for appellant.

Carl A. Vergari, District Attorney (Bruce Edward Kelly, Maryanne Luciano and Anthony J. Servino of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur in memorandum.


MEMORANDUM.

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

The trial court erred in refusing to submit to the jury, for purposes of the corroboration statute (CPL 60.22 [2] [b]), the question whether a prosecution witness was an accomplice to the charged crimes.

Defendant was indicted for the crimes of murder in the second degree and criminal possession of a weapon in the second...

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