Majority
p. 839The People of the State of New York, Respondent, v. Algie B. McGill, Appellant. Argued May 8, 1974; decided June 13, 1974.
p. 840
Roy Siegel for appellant.
Eugene Gold, District Attorney (Roger Bennet Adler of counsel), for respondent.
Order reversed and a new trial ordered upon the ground that the jury should have been charged that the witnesses Gray and Duffy were accomplices as a matter of law. (CPL 60.22; People v. Beaudet, 32 N Y 2d 371 .)
Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Rabin and Stevens.
Cases cited
- People v. Beaudet 32 N Y 2d 371 p. 840