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PEOPLE v. HOLMES

150 A.D.2d 491 (1989)

The People of the State of New York, Respondent, v. Willie Holmes, Appellant

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

May 8, 1989

Ordered that the judgment is affirmed.

As there was no evidence that a certain witness for the prosecution "may reasonably be considered to have participated in (a) The offense charged; or (b) An offense based upon the same or some of the same facts or conduct which constitute the offense charged" (CPL 60.22 [2]), the trial court did not err in refusing to charge the jury that that witness was an accomplice as a matter of law (see, People v Jones,

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