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People v. Montgomery

Appellate Division of the Supreme Court of New York, Second Department
Nov 29, 1993
198 A.D.2d 524 (N.Y. App. Div. 1993)

Opinion

November 29, 1993

Appeal from the Supreme Court, Queens County (Lakritz, J.).


Ordered that the judgment is affirmed.

As we held on the appeal of the codefendant, the trial court did not err by refusing to submit to the jury the factual issue of whether the principal prosecution witness, Deon Murray, was an accomplice under CPL 60.22 (2) (a) (see, People v Montgomery, 178 A.D.2d 663). On this appeal the defendant has not offered any arguments requiring a different determination.

The sentence imposed was neither harsh nor excessive (see, People v Suitte, 90 A.D.2d 80). Bracken, J.P., Miller, Lawrence and Pizzuto, JJ., concur.


Summaries of

People v. Montgomery

Appellate Division of the Supreme Court of New York, Second Department
Nov 29, 1993
198 A.D.2d 524 (N.Y. App. Div. 1993)
Case details for

People v. Montgomery

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GARY MONTGOMERY…

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

Date published: Nov 29, 1993

Citations

198 A.D.2d 524 (N.Y. App. Div. 1993)
605 N.Y.S.2d 922