Opinion
Argued March 31, 1981
Decided April 30, 1981
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, LEE TOWNE ADAMS, J.
Bruce K. Carpenter for appellant.
John T. Ward, District Attorney (Albert W. Foley of counsel), for respondent.
MEMORANDUM.
The order of the Appellate Division should be reversed and a new trial ordered.
Review of Raynor's trial testimony, including his readiness to there accept the accuracy of the version of the events he had tendered to the police and his earlier Grand Jury testimony, indicates that whether he was an accomplice of the defendant within the compass of CPL 60.22 (subd 2) was a question of fact. It, therefore, was error for the trial court to deny defendant's request that it charge the jury to that effect.
Chief Judge COOKE and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur in memorandum.
Order reversed, etc.