People v. Gjonaj

The three complainants were shot as a result of a "drive-by” shooting. The defendant’s accomplice, John McGrath, testified that the defendant had carried the gun and fired the shots at the complainants, hitting two of them. The question raised on appeal is whether the witness Daniel Creegan, who was also present in the car at the time of the shooting, should be deemed to be an accomplice as a matter of law (see, CPL 60.22 [2]).

The testimony at trial revealed that on the afternoon of March 8, 1990, an altercation took place between McGrath and three teenagers, during which McGrath was…