PEOPLE v. McDUFFIE


288 A.D.2d 238 (2001)

732 N.Y.S.2d 357

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LYNDELL McDUFFIE, Appellant.

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

Decided November 5, 2001.


Ordered that the judgment is affirmed.

The defendant did not preserve for appellate review her claim that the Supreme Court erred in failing to charge the jury that the codefendant, who testified at the trial pursuant to a cooperation agreement with the People, was an accomplice as a matter of law (see, CPL 470.05 [2]; People v Nichilo, 274 A.D.2d 592). Moreover, the Supreme Court's failure to charge the jury that...

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