People v. Monaco

293 N.Y. 867 Court N.Y. Decision date 1944-11-30 English

Contents

Majority

p. 867

The People of the State of New York, Respondent, v. Patrick Monaco, Appellant.

Argued October 9, 1944;

decided November 30, 1944.

It was error for the trial court to charge, as a matter of law, that Katz was not an accomplice of the defendant. That was a question, on the record here presented, for the jury.

The judgments should be reversed and a new trial ordered.

Lehman, Ch. J., Lohghean, Rippey, Lewis, Conway, Desmond and Thacher, JJ., concur.

Judgments reversed, etc.