Summary
noting that there was no need for an accomplice corroboration jury instruction in connection with the second-degree murder charge because, although the "witness was part of the drug-selling operation, there was no evidence that she was an accomplice to the murder"
Summary of this case from Chu v. ArtusOpinion
1510
June 24, 2003.
Judgment, Supreme Court, New York County (Leslie Crocker Snyder, J.), rendered February 2, 1999, convicting defendant, after a jury trial, of conspiracy in the first degree, murder in the second degree, kidnapping in the second degree, and criminal sale of a controlled substance in the first and third degrees, and sentencing him to consecutive terms of 25 years to life, 25 years to life, 8 to 25 years, 25 years to life and 8 to 25 years, respectively, unanimously affirmed.
Eleanor J. Ostrow, for respondent.
Cynthia Feathers, for defendant-appellant.
Before: Buckley, P.J., Tom, Sullivan, Marlow, JJ.
Defendant's arguments concerning the alleged accomplice status, with respect to the murder charge, of a prosecution witness who was also the victim of the kidnapping are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would find that although this witness was part of the drug-selling operation, there was no evidence that she was an accomplice to the murder (see People v. Dorta, 46 N.Y.2d 818, 820; People v. Cruz, 291 A.D.2d 1, lv denied 97 N.Y.2d 752). Accordingly, there was no need for any type of accomplice corroboration charge, and her testimony properly corroborated that of the other witness to the murder, who was an accomplice.
Defendant's challenges to the People's summation are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would find that the isolated remarks challenged by defendant on appeal were responsive to defense arguments, and that the summation did not deprive defendant of a fair trial (see People v. Overlee, 236 A.D.2d 133, lv denied 91 N.Y.2d 976; People v. D'Alessandro, 184 A.D.2d 114, 118-119, lv denied 81 N.Y.2d 884).
We perceive no basis for reducing the sentence.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.