Opinion
November 13, 1984
Appeal from the County Court, Nassau County (Lawrence, J.).
Judgment affirmed.
The evidence adduced at the trial was sufficient to establish defendant's guilt beyond a reasonable doubt, either as a principal or an accessory, and the testimony of independent witnesses, corroborated the testimony of defendant's accomplice (see CPL 60.22). The accomplice's testimony was corroborated by the fact that defendant was apprehended inside a courtyard, access to which was only available from inside the school defendant allegedly burglarized, or by climbing a 15- to 20-foot wall. Furthermore, the trial court did not err in charging the jury with regard to acting in concert, even though defendant was not charged with acting in concert in the indictment (see People v Duncan, 46 N.Y.2d 74, 79-80; People v Herbison, 22 N.Y.2d 946; People v Katz, 209 N.Y. 311, 325-326; People v Valerio, 64 A.D.2d 516, 516-517; People v Henry, 18 A.D.2d 293, 296; People v Wilczynski, 97 Misc.2d 307, aff'd. 65 A.D.2d 518, mot for lv to app den. 45 N.Y.2d 973, cert den. 439 U.S. 1128). Weinstein, J.P., Brown, Boyers and Eiber, JJ., concur.