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PEOPLE v. INGRAM

171 A.D.2d 1042 (1991)

The People of the State of New York, Respondent, v. Daniel Ingram, Appellant

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

March 8, 1991

Judgment unanimously affirmed.

Memorandum:

We reject defendant's contention that the trial court erred in failing to instruct the jury that a particular witness was an accomplice as a matter of law. "[A]bsent proof that a person guilty of criminally receiving stolen property aided the thief in the commission of the larceny, the receiver is not an accomplice of the thief (People v Brooks,

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