PEOPLE v. MONTGOMERY


178 A.D.2d 663 (1991)

The People of the State of New York, Respondent, v. Antoine Montgomery, Appellant

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

December 30, 1991


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the court did not err by refusing his request to submit to the jury the factual issue of whether the principal prosecution witness, Deon Murray, was an accomplice under CPL 60.22 (2) (a). Under CPL 60.22 (2) (a), an "accomplice" is someone who

"may reasonably be considered to have participated in "[t]he offense charged".

Where differing inferences may reasonably...

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