People v. Young

—Judgment unanimously affirmed. Memorandum: County Court properly denied defendant’s request to submit to the jury the issue whether the only eyewitness to the crime was an accomplice. There was no evidence presented from which the jury could reasonably infer that the witness participated in the offenses and thus no basis for an accomplice-in-fact instruction (see, People v Jones, 73 NY2d 902, 903, rearg denied 74 NY2d 651). The “mere presence [of the witness] in the rear seat of the car, without more, did not constitute a reasonable basis for the jury to conclude that he was an accomplice…