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People v. Napolitano

Appellate Division of the Supreme Court of New York, Second Department
May 30, 1995
215 A.D.2d 782 (N.Y. App. Div. 1995)

Opinion

May 30, 1995

Appeal from the Supreme Court, Kings County (Marrus, J.).


Ordered that the judgment is affirmed.

The defendant's contention that the court should have submitted to the jury the issue of whether two key witnesses were accomplices as a matter of fact, with the result that their testimony required corroboration, is unpreserved for appellate review (see, People v James, 75 N.Y.2d 874; People v Mahan, 195 A.D.2d 881). In any event, there is no reasonable view of the trial evidence which could support a conclusion that the witnesses in question participated in the defendant's crime or in a crime based on the same facts or conduct as the defendant's crime (see, CPL 60.22; People v Jones, 73 N.Y.2d 902; People v Tucker, 72 N.Y.2d 849; People v LaFuente, 187 A.D.2d 613; People v Dagnone, 187 A.D.2d 604). Although the evidence establishes that the defendant and his accomplices planned the murder at the apartment of these two witnesses, the record is devoid of proof that the witnesses participated in any way in the preparations, or were at all involved in the crime itself (see, People v Tucker, supra).

The defendant's sentence is not excessive (see, People v Suitte, 90 A.D.2d 80). Pizzuto, J.P., Hart, Friedmann and Florio, JJ., concur.


Summaries of

People v. Napolitano

Appellate Division of the Supreme Court of New York, Second Department
May 30, 1995
215 A.D.2d 782 (N.Y. App. Div. 1995)
Case details for

People v. Napolitano

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERT NAPOLITANO…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 30, 1995

Citations

215 A.D.2d 782 (N.Y. App. Div. 1995)
627 N.Y.S.2d 71

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