People v. Jones

—Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Kuffner, J.), rendered October 18, 1993, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

We agree with the defendant’s contention that the trial court erred by failing to charge that one of the People’s witnesses was an accomplice as a matter of law pursuant to CPL 60.22 (2) (b). According to the witness’s own testimony, he and the defendant attacked the victim and his friend, the defendant *690drew his gun, and the witness punched the…