Opinion
February 16, 2000
Appeal from Judgment of Orleans County Court, Punch, J. — Burglary, 2nd Degree.
PRESENT: GREEN, A. P. J., HAYES, PIGOTT, JR., AND BALIO, JJ.
Judgment unanimously affirmed. Memorandum: County Court properly determined that the issue whether two witnesses were accomplices was for the jury. The evidence did not establish conclusively that those witnesses participated in the crimes ( see, People v. Crutchfield, 134 A.D.2d 508, 509, lv denied 71 N.Y.2d 894). "[I]f different inferences may reasonably be drawn from the proof regarding complicity, according to the statutory definition, the question should be left to the jury for its determination" ( People v. Basch, 36 N.Y.2d 154, 157).