Opinion
Argued May 18, 2000
October 24, 2000.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (McGann, J.), rendered March 30, 1998, convicting him of murder in the second degree (two counts), attempted robbery in the first degree (two counts), attempted robbery in the second degree, and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Erica Horwitz of counsel), for appellant .
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J. Caferri, and Roni C. Piplani of counsel), for respondent.
Before: LAWRENCE J. BRACKEN, J.P., WILLIAM D. FRIEDMANN, DANIEL F. LUCIANO, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The Supreme Court properly instructed the jury that the accomplice status of the witness Jamaine Gibbs was a question of fact (see, CPL 60.22[b]; People v. Basch, 36 N.Y.2d 154). Further, the Supreme Court providently exercised its discretion in its evidentiary rulings (see, People v. Schwartzman, 24 N.Y.2d 241; People v. Ashner, 190 A.D.2d 238), and in allowing the prosecutor to extensively cross-examine the defendant (see, People v. Morgan, 66 N.Y.2d 255; People v. Overlee, 236 A.D.2d 133).
The defendant's remaining contentions are without merit .