People v. Ingram

Judgment unanimously affirmed. Memorandum: We reject defendant’s contention that the trial *1043court erred in failing to instruct the jury that a particular witness was an accomplice as a matter of law. "[Ajbsent proof that a person guilty of criminally receiving stolen property aided the thief in the commission of the larceny, the receiver is not an accomplice of the thief (People v Brooks, 34 NY2d 475, 480)” (People v Fort, 145 AD2d 983, lv denied 73 NY2d 1014; see, People v Lynch, 158 AD2d 472, 473). The evidence presented at trial established that the witness received $50 from the proceeds of…