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People v. Montague

Appellate Division of the Supreme Court of New York, Second Department
Dec 8, 1997
245 A.D.2d 391 (N.Y. App. Div. 1997)

Opinion

December 8, 1997

Appeal from the County Court, Orange County (Byrne, J.).


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the trial court properly determined that Natalie Tears was not an accomplice as a matter of law and properly left it for the jury to determine whether Tears was an accomplice (see, CPL 60.22; People v. Vataj, 69 N.Y.2d 985; People v. Basch, 36 N.Y.2d 154; People v. Young, 235 A.D.2d 441).

The accomplice testimony was sufficiently corroborated to establish the defendant's guilt beyond a reasonable doubt (see, CPL 60.22; People v. Breland, 83 N.Y.2d 286; People v. Moses, 63 N.Y.2d 299).

The defendant's remaining contentions are without merit (see, People v. Ashner, 190 A.D.2d 238).

Rosenblatt, J. P., Miller, Ritter and Florio, JJ., concur.


Summaries of

People v. Montague

Appellate Division of the Supreme Court of New York, Second Department
Dec 8, 1997
245 A.D.2d 391 (N.Y. App. Div. 1997)
Case details for

People v. Montague

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANIEL MONTAGUE…

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

Date published: Dec 8, 1997

Citations

245 A.D.2d 391 (N.Y. App. Div. 1997)
666 N.Y.S.2d 449

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