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People v. West

465 N.E.2d 37, 62 N.Y.2d 708, 476 N.Y.S.2d 530, 1984 N.Y. LEXIS 4309
CourtNew York Court of Appeals
DecidedMay 3, 1984
StatusPublished
Cited by34 cases

This text of 465 N.E.2d 37 (People v. West) 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. West, 465 N.E.2d 37, 62 N.Y.2d 708, 476 N.Y.S.2d 530, 1984 N.Y. LEXIS 4309 (N.Y. 1984).

Opinion

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed and the matter remitted for a new trial for the reasons stated in the dissenting opinion (92 AD2d 620, 622) of Presiding Justice A. Franklin Mahoney at the Appellate Division (see, also, People v Ventimiglia, 52 NY2d 350, 361-362). We also note our agreement with the majority’s conclusion that the codefendant, who had pleaded guilty to a lesser offense prior to testifying against the defendant at the trial, was an accomplice as a matter of law. Thus the trial court erred in refusing to charge the jury to this effect when requested to do so by the defendant.

We have considered the defendant’s other contentions and find them to be without merit.

Chief Judge Cooke and Judges Jasen, Jones, Wacht-ler, Meyer, Simons and Kaye concur.

[711]*711Order reversed and case remitted to Albany County Court for a new trial in a memorandum.

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Bluebook (online)
465 N.E.2d 37, 62 N.Y.2d 708, 476 N.Y.S.2d 530, 1984 N.Y. LEXIS 4309, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-west-ny-1984.