Ordered that the judgment is affirmed.
On June 17, 1984, Fermin Pavia was shot to death in the course of an attempted robbery. Testimony of the defendant's three accomplices indicated that the defendant participated in the robbery and actually fired the shot that killed Pavia. The question raised is whether a fourth individual present at the scene should have been deemed an accomplice as a matter of law by the trial court (see, CPL 60.22 [2]).
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