[Download] "People State New York v. Gino Cobos" by Court of Appeals of New York # eBook PDF Kindle ePub Free

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eBook details

• Title: People State New York v. Gino Cobos
• Author : Court of Appeals of New York
• Release Date : January 05, 1982
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 57 KB

Description

Defendant argues that the witness Destino was an accomplice as a matter of law in the intentional murder of James Amico. The People counter that though Destino was an accomplice as a matter of law in the earlier assault of and attempt to rob Amico, the murder was a later and separate crime and, in any event, the issue was not preserved. Defendants attorney moved for a trial order of dismissal at the close of the Peoples case on the ground of insufficiency of Destinos testimony because he was an accomplice as a matter of law and was granted an exception by the Trial Judge when he ruled to the contrary on the intentional murder count. He also submitted a written request for a charge that Destino was an accomplice as a matter of law at the end of the trial. Clearly, therefore, the issue was brought to the attention of the Trial Judge in ways that pinpointed the legal question (People v Le Mieux, 51 N.Y.2d 981, 982; People v Cona, 49 N.Y.2d 26, 34; see CPL 470.05). Nor can it be said that by requesting the addition of a sentence to the accomplice as a matter of fact charge given by the court, he waived the legal issue previously twice raised.

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