People v. Vataj

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be reversed and a new trial ordered.

The trial court erred in refusing to submit to the jury, for purposes of the corroboration statute (CPL 60.22 [2] [b]), the question whether a prosecution witness was an accomplice to the charged crimes.

Defendant was indicted for the crimes of murder in the second degree and criminal possession of a weapon in the second degree. At trial, the People’s principal witness, Gerald Mullahey, testified that defendant ran a drug operation; that two months prior to the death of the victim…