People v. Kaminski

Memorandum:

On appeal from a judgment convicting him upon a jury verdict of burglary in the third degree (Penal Law § 140.20), defendant contends that County Court erred in denying his request to charge the jury that a witness was an accomplice as a matter of law. We reject that contention.

“An ‘accomplice’ means a witness in a criminal action who, according to evidence adduced in such action, may reasonably be considered to have participated in . . . [t]he offense charged[ ] or . . . [a]n offense based upon the same or some of the same facts or conduct [that] constitute the offense charged”…