People v. Martinez

Judgment, Supreme Court, New York County (Ronald A. Zweibel, J.), rendered June 8, 2006, convicting defendant, after a jury trial, of assault in the first degree, and sentencing him to a term of five years, unanimously affirmed.

The court properly declined to submit to the jury the issue of whether one of the prosecution witnesses was an accomplice in fact, whose testimony would thus require corroboration (see *362CPL 60.22). Although the witness accompanied defendant and was present at the scene, defendant’s theory under which the witness can be viewed as having participated in the shooting is…