People v. Tucker

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed.

The trial court properly concluded that there was no evi dence to support an inference by the jury that the People’s main corroboration witness, Brian Keith Taylor, had participated in "[t]he offense charged” or "[a]n offense based upon the same or some of the same facts or conduct which constitute the offense charged”, such as would warrant submitting to the jury the question of Taylor’s complicity (CPL 60.22 [2]). Although Taylor was present in the car at the time the crime occurred, there was no evidence…