People v. Basch

The only issue of concern presented on this appeal is whether the trial court committed 'error in submitting to the jury, as a question of fact, whether John Clee was an accomplice. We hold that it did not.

On the evening of January 9, 1972 several young people, including defendants Basch and Bruno, as well as John Clee and Tom Joslyn, were snowmobiling with three machines in the Town of Webster, Monroe County, in the vicinity of the Kiwanis Club property. Joslyn, who was indicted with defendants for burglary in the third degree and petit larceny and who had pleaded guilty to the latter…