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PEOPLE v. SAGE

No. 32.

23 N.Y.3d 16 (2014)

11 N.E.3d 177

2014 NY Slip Op 2214

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MERLIN G. SAGE, Appellant.

Court of Appeals of New York.

Decided April 1, 2014.

Attorney(s) appearing for the Case

Timothy P. Donaher , Public Defender, Rochester ( Drew R. DuBrin of counsel), for appellant.

Sandra Doorley , District Attorney, Rochester ( Matthew Dunham of counsel), for respondent.

Chief Judge LIPPMAN and Judges GRAFFEO, READ and SMITH concur with Judge RIVERA; Judge PIGOTT dissents and votes to affirm in an opinion in which Judge ABDUS-SALAAM concurs.

OPINION OF THE COURT

RIVERA, J.

The sole issue on this appeal arising from the defendant's conviction for manslaughter in the first degree is whether the trial court committed reversible error by failing to charge the jury with an "accomplice-in-fact" instruction for the People's key witness. We conclude that the evidence created a factual issue as to whether the witness was an accomplice and that the failure to instruct the jury was not harmless. The order...

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