Opinion
Submitted June 25, 1999
October 4, 1999
Sally Wasserman, New York, N.Y., for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Roseann B. MacKechnie and Monique Ferrell of counsel), for respondent.
SONDRA MILLER, J.P., THOMAS R. SULLIVAN, MYRIAM J. ALTMAN, LEO F. McGINITY, JJ.
DECISION ORDER
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Marrus, J.), rendered April 10, 1997, convicting him of conspiracy in the second degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
Where different inferences can be reasonably drawn from the evidence produced at trial, the question of whether a particular person is an accomplice is a question of fact for the jury (see, People v. Cobos, 57 N.Y.2d 798; People v. Jeffries, 122 A.D.2d 281; People v. Tusa, 137 A.D.2d 151). Here, the court properly so charged, and further instructed the jury that accomplice testimony must be corroborated.
The defendant's sentence was not excessive (see, People v. Suitte, 90 A.D.2d 80, 86).
The defendant's remaining contentions are without merit.
S. MILLER, J.P., SULLIVAN, ALTMAN, and McGINITY, JJ., concur.