Ordered that the judgment is modified, on the law, by vacating the conviction of murder in the second degree, vacating the sentence imposed thereon, and dismissing that count of the indictment; as so modified, the judgment is affirmed.
Contrary to the defendant's contention, the trial court properly refused to submit to the jury the issue of whether the People's witness was an accomplice, as no rational trier of fact could conclude that the witness was an accomplice...
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