Ordered that the judgment is affirmed.
Although the evidence adduced at trial clearly established that the prosecution witness Terrence Malloy was an accomplice under CPL 60.22 (2), the defendant did not request an accomplice charge, and since it is apparent that the case against the defendant did not rest substantially on Malloy's testimony, the trial court was not under a duty to give such a charge (see, People v Ramos,
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