Opinion
Argued May 8, 1974
Decided June 13, 1974
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, MICHAEL KERN, J.
Roy Siegel for appellant.
Eugene Gold, District Attorney ( Roger Bennet Adler of counsel), for respondent.
Order reversed and a new trial ordered upon the ground that the jury should have been charged that the witnesses Gray and Duffy were accomplices as a matter of law. (CPL 60.22; People v. Beaudet, 32 N.Y.2d 371.)
Concur: Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, RABIN and STEVENS.