People v. Rosado

265 A.D.2d 349, 696 N.Y.S.2d 698, 1999 N.Y. App. Div. LEXIS 9604

Opinion

—Appeal by the defendant from a judgment of the Supreme Court, Kangs County (Marrus, J.), rendered April 10, 1997, convicting him of conspiracy in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Where different inferences can be reasonably drawn from the evidence produced at trial, the question of whether a particular person is an accomplice is a question of fact for the jury (see, People v Cobos, 57 NY2d 798; People v Jeffries, 122 AD2d ; People v Tusa, 137 AD2d 151). Here, the court properly so charged, and further instructed the jury that accomplice testimony must be corroborated.

The defendant’s sentence was not excessive (see, People v Suitte, 90 AD2d 80, 86).

The defendant’s remaining contentions are without merit. S. Miller, J. P., Sullivan, Altman and McGinity, JJ., concur.