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293 N.Y. 867

59 N.E.2d 450

People v. Monaco

New York Court of Appeals

Decided November 30, 1944

New York Court of Appeals · decided 1944-11-30

Decided 1944-11-30

*868 Per Curiam.

¶1 It was error for the trial court to charge, as a matter of law, that Katz was not an accomplice of the defendant. That was a question, on the record here presented, for the jury.

¶2 The judgments should be reversed and a new trial ordered.

¶3 Lehman, Ch. J., Lohghean, Rippey, Lewis, Conway, Desmond and Thacher, JJ., concur.

¶4 Judgments reversed, etc.

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