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People v. Kazepis

Appellate Division of the Supreme Court of New York, Second Department
May 2, 1983
94 A.D.2d 707 (N.Y. App. Div. 1983)

Opinion

May 2, 1983


Appeal by defendant from a judgment of the County Court, Nassau County (Delin, J.), rendered September 1, 1982, convicting him of criminal sale of marihuana in the second degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law, and new trial granted. The main prosecution witness in this case was Charles Miller, who allegedly purchased a quantity of marihuana from defendant. Miller was an accomplice, as a matter of law, since he "may reasonably be considered to have participated in * * * [a]n offense based upon the same or some of the same facts or conduct which constitute the offense charged" (CPL 60.22, subd 2, par [b]; see, also, People v Berger, 52 N.Y.2d 214). Indeed, Miller pleaded guilty to criminal sale of marihuana as a class A misdemeanor in connection with his participation as a middleman in the the incident. Therefore, the trial court erroneously denied defendant's request to instruct the jury that corroboration of Miller's testimony was necessary. That error cannot be deemed harmless, especially since the proof of defendant's guilt without Miller's testimony was not overwhelming ( People v Minarich, 46 N.Y.2d 970; People v Ramos, 68 A.D.2d 748). Thompson, J.P., O'Connor, Brown and Rubin, JJ., concur.


Summaries of

People v. Kazepis

Appellate Division of the Supreme Court of New York, Second Department
May 2, 1983
94 A.D.2d 707 (N.Y. App. Div. 1983)
Case details for

People v. Kazepis

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THOMAS KAZEPIS…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 2, 1983

Citations

94 A.D.2d 707 (N.Y. App. Div. 1983)