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PEOPLE v. MARTINEZ

59 A.D.3d 361 (2009)

874 N.Y.S.2d 80

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GABRIEL MARTINEZ, Appellant.

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

Decided February 26, 2009.

The court properly declined to submit to the jury the issue of whether one of the prosecution witnesses was an accomplice in fact, whose testimony would thus require corroboration (see CPL 60.22). Although the witness accompanied defendant and was present at the scene, defendant's theory under which the witness can be viewed as having participated in the shooting is based on speculative inferences, and is contradicted by...

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