People v. Cummings, Sharpe, Accobacco, Kligerman

293 N.Y. 841 | NY | 1944

Upon the record before us we conclude that the trial court erred when it charged as a matter of law that the witnesses Kivowitz and Arnold were not accomplices of the defendants in the crime of concealing and withholding stolen property in New York County. That inquiry, we think, was one of fact for the jury. The judgments should be reversed and a new trial ordered.

Concur: LEHMAN, Ch. J., LOUGHRAN, RIPPEY, LEWIS, CONWAY, DESMOND and THACHER, JJ.

Judgments reversed, etc.