6 A.D.2d 684 | N.Y. App. Div. | 1958
Judgment unanimously affirmed. One of the issues urged by the defendant in seeking a reversal is that the witness Olavarria was an accomplice and that the court failed to rule or charge in that respect, as required by People v. Malizia (4 N Y 2d 22). That question is not reached. Even if considered from the view urged, the record is completely barren of any