People v. Hernandez

*883OPINION OF THE COURT

Memorandum.

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

It was error for the Trial Judge to refuse to charge as requested by defendant’s attorney that there was no evidence that an accomplice had participated in any of the crimes charged and to answer affirmatively the jury’s question whether if an accomplice to a burglary breaks a window to effect entry all participants in the burglary are guilty of criminal mischief (People v Montgomery, 176 NY 219, 230, 232; see People v Stevenson, 31 NY2d 108). That the jury had posed an earlier…