PEOPLE v. SWEET


78 N.Y.2d 263 (1991)

The People of the State of New York, Respondent, v. Louis Sweet, Appellant.

Court of Appeals of the State of New York.

Decided July 9, 1991.


Attorney(s) appearing for the Case

Thomas F. Gleason and Mary Beth Hynes for appellant.

Kevin M. Dillon, District Attorney (J. Michael Marion and John J. DeFranks of counsel), for respondent.

Chief Judge WACHTLER and Judges KAYE, ALEXANDER, TITONE and BELLACOSA concur with Judge SIMONS; Judge HANCOCK, JR., dissents and votes to affirm in a separate opinion.


SIMONS, J.

Defendant appeals a judgment convicting him of robbery in the second degree (Penal Law § 160.10) and criminal possession of a weapon in the third degree (Penal Law § 265.02). He asserts error in the court's refusal to instruct the jury that the prosecution's witness, Terri Jo Graves, was an accomplice as a matter of law and, therefore, that her testimony had to be corroborated. The issue...

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