People v. Ortiz

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Moskowitz, J.), rendered June 5, 1984, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant claims that Ricky Rodriquez, an eyewitness to the robbery that culminated in the shooting death of the victim Orlando Lozano, was an accomplice as a matter of law and that the trial court should have so charged the jury. We disagree. An accomplice is a

"witness in a criminal action who, according to evidence *852adduced in such action, may…