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People v. Minarich

389 N.E.2d 137, 46 N.Y.2d 970, 415 N.Y.S.2d 825, 1979 N.Y. LEXIS 1890
CourtNew York Court of Appeals
DecidedMarch 22, 1979
StatusPublished
Cited by33 cases

This text of 389 N.E.2d 137 (People v. Minarich) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Minarich, 389 N.E.2d 137, 46 N.Y.2d 970, 415 N.Y.S.2d 825, 1979 N.Y. LEXIS 1890 (N.Y. 1979).

Opinion

OPINION OF THE COURT

Memorandum.

The orders of the Appellate Division should be reversed, and the cases remitted for a new trial.

The Appellate Division correctly held, and indeed the People concede, that James Longtin was an accomplice as a matter of law (CPL 60.22, subd 2; see People v Beaudet, 32 NY2d 371). The trial court was therefore required to instruct the jury that Longtin was an accomplice, and that defendants could not be convicted on Longtin’s testimony absent corroborative evidence (CPL 60.22, subd 1). "Failure to so charge the jury was necessarily harmful error” (People v Jenner, 29 NY2d 695, 696-697).

Chief Judge Cooke and Judges Jasen, Gabrielli, Jones, Wachtler and Fuchsberg concur in memorandum.

Orders reversed, etc.

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Bluebook (online)
389 N.E.2d 137, 46 N.Y.2d 970, 415 N.Y.S.2d 825, 1979 N.Y. LEXIS 1890, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-minarich-ny-1979.