People v. Cobos

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

Defendant argues that the witness Destino was an accomplice as a matter of law in the intentional murder of James Amico. The People counter that though Destino was an accomplice as a matter of law in the earlier assault of and attempt to rob Amico, the murder was a later and separate crime and, in any event, the issue was not preserved. Defendant’s attorney moved for a trial order of dismissal at the close of the People’s case on the ground of insufficiency of Destino’s testimony because he was an accomplice…