Majority
p. 349The People of the State of New York, Respondent, v Joel Rosado, Also Known as Anthony Lopez, Appellant. [696 NYS2d 698]
—Appeal by the defendant from a judgment of the Supreme Court, Kangs 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 NY2d 798 ; People v Jeffries, 122 AD2d
p. 350
281 ; People v Tusa, 137 AD2d 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 AD2d 80 , 86).
The defendant’s remaining contentions are without merit. S. Miller, J. P., Sullivan, Altman and McGinity, JJ., concur.
Cases cited
- People v. Cobos 57 NY2d 798 p. 349
- People v. Tusa 137 AD2d 151 p. 350
- People v. Suitte 90 AD2d 80 at 86 p. 350