Legal Opinion

People v. McDuffie

Appellate Division of the Supreme Court of the State of New York

Decided November 5, 2001PublishedCited by 1 opinion

1Opinion of the Court

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Wade, J.), rendered September 30, 1999, convicting her of assault in the first degree (two counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant did not preserve for appellate review her claim that the Supreme Court erred in failing to charge the jury that the codefendant, who testified at the trial pursuant to a cooperation agreement with the People, was an accomplice as a matter of law (see, CPL 470.05 [2]; People v Nichilo, 274 AD2d 592). Moreover, the Supreme…

2Cases cited5 opinions

  1. People v. InnissNew York Court of Appeals · 1994
  2. People v. OdiotAppellate Division of the Supreme Court of the State of New York · 1997
  3. People v. MartinAppellate Division of the Supreme Court of the State of New York · 1991
  4. People v. NichiloAppellate Division of the Supreme Court of the State of New York · 2000
  5. People v. CruzAppellate Division of the Supreme Court of the State of New York · 1999

3Cited by1 opinion

  1. People v. HernandezAppellate Division of the Supreme Court of the State of New York · 2004

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