People v. Stigger

by the defendant from a judgment of the Supreme Court, Westchester County (Delaney, J.), rendered March 27, 1985, convicting him of robbery in the first degree, robbery in the second degree and criminal use of a firearm in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Although the evidence adduced at trial clearly established that the prosecution witness Terrence Malloy was an accomplice under CPL 60.22 (2), the defendant did not request an accomplice charge, and since it is apparent that the case against the defendant did not rest…