People v. Rivera

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Buchter, J.), rendered June 30, 1999, convicting him of burglary in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is reversed, on the law, the indictment is dismissed insofar as it is asserted against the defendant, and the matter is remitted to the Supreme Court, Queens County, for the purpose of entering an order in its discretion pursuant to CPL 160.50.

In order to hold an alleged accessory liable for a crime committed by the principal actor, the People must establish,…