Opinion
November 29, 1993
Appeal from the Supreme Court, Queens County (Lakritz, J.).
Ordered that the judgment is affirmed.
As we held on the appeal of the codefendant, the trial court did not err by refusing to submit to the jury the factual issue of whether the principal prosecution witness, Deon Murray, was an accomplice under CPL 60.22 (2) (a) (see, People v Montgomery, 178 A.D.2d 663). On this appeal the defendant has not offered any arguments requiring a different determination.
The sentence imposed was neither harsh nor excessive (see, People v Suitte, 90 A.D.2d 80). Bracken, J.P., Miller, Lawrence and Pizzuto, JJ., concur.